TERM OF SERVICE/USE
Can Eye Help
WELCOME TO THE TERMS OF SERVICE (THE “TERMS OF SERVICE”) FOR EYECANHELP.COM (“SITE” OR “EYE CAN HELP”), WHICH IS OWNED AND OPERATED BY EYE CAN HELP (“EYE CAN HELP”, “WE”, “US”, OR “OUR”). FOR PURPOSES OF THESE TERMS OF SERVICE, “YOU” AND “YOUR” OR “USER” MEANS YOU AS THE USER OF THE SITE.
THE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND EYE CAN HELP AND GOVERN ANY AND ALL USE OF THE SITE BY ANY AND ALL USERS OF THE SITE AND ANY SERVICES OFFERED THEREFROM. BY USING THIS SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF SERVICE.
THESE TERMS OF SERVICE ALSO INCLUDE THE ORDER TERMS AND CONDITIONS SET FORTH BELOW, WHICH ARE INCORPORATED BY REFERENCE INTO AND FORM A PART OF THESE TERMS OF SERVICE.
THE SITE AND ITS SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OF AGE OR OLDER. ANY ACCESS TO OR USE OF THE SITE OR ITS SERVICE BY ANYONE UNDER 18 YEARS OF AGE IS EXPRESSLY PROHIBITED. BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OLD OR OLDER.
The Site is made available for use only by individuals searching for employment openings, and by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf. You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose.
Eye Can Help may change the Terms by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site. Any such changes will not apply to any claim brought prior to the date on which Eye Can Help posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Terms will constitute your acceptance of such changes.
Eye Can Help may, at any time and without liability, modify or discontinue all or part of the Site or any feature thereof (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users. Eye Can Help may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Eye Can Help is under no obligation to update such material.
Job Listings are or may be created and provided by third parties over whom Eye Can Help exercises no control; you acknowledge and understand that Eye Can Help has no control over Job Listings. Eye Can Help does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. Eye Can Help cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. Eye Can Help assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that Eye Can Help may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Eye Can Help, and are not a direct reflection of the actual Job Listing.
Eye Can Help is not responsible for any content or services provided by these third parties, and Eye Can Help disclaim all liability from anything that may occur when you utilize such third parties. Eye Can Help is additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Eye Can Help.
II. SITE AND ACCOUNT ACCESS
Eye Can Help reserves the right to change or withdraw the Site, and any materials or functionalities provided on the Site, in our sole discretion without notice. Eye Can Help will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
If you set up an Eye Can Help account, or if you create or upload a resume or other content through Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address), other forms, or resume creation or upload process and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party.
By uploading or creating a resume through the Site, you understand that an Eye Can Help account will be created for you. By uploading or creating a resume through the Site, you further agree that such resume may be made available and accessible at the Site as well as an Eye Can Help affiliate website(s).
You agree not to provide any other person access to this Site or portions of it using your user name, password, or other security information. Any person with whom you share your username and password and is able to answer verification questions about your Eye Can Help account may be able to access information regarding your Eye Can Help account. Eye Can Help is not responsible and disclaims all liability if your email or account is used improperly or falsely by a third party. You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts.
Eye Can Help reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
When you view or store materials through or using the Site, Eye Can Help may use such materials for data analysis, quality control, or to refine the Site or any other Eye Can Help service, whether via automated means or otherwise.
Eye Can Help may also provide certain types of career-related or hiring-related information on its Site. All information contained in any Eye Can Help career or hiring guide is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that Eye Can Help may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Eye Can Help is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, assurance of being hired, job candidates, or hires, and you take full responsibility for use of these services or guides.
III. PROHIBITED USE AND RESTRICTIONS
The Site is not for use by anyone under the age of 18. By using the Site, you represent and warrant you are of the minimum age or older. The minimum age for these purposes shall be 18, however if local laws require that you must be older in order for Eye Can Help to lawfully provide the services on the Site to you then that older age shall apply as the applicable minimum age.
Your continued use of the Site is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that Eye Can Help expressly prohibits and you agree not to:
· Provide any false or misleading information about your identity or employment information that you provide to Eye Can Help
· Post any false or inaccurate Submissions or information;
· Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, or laws pertaining to IP or publicity rights of others);
· Post any Submissions or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually oriented, threatening, or otherwise objectionable;
Harass, stalk, or otherwise subject any other user of the Site to unwanted and/or inappropriate contact;
· Perpetrate a scam, spam Eye Can Help users, or otherwise use the Site in furtherance of a fraudulent or otherwise illegal activity;
· Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
· Create multiple user accounts in connection with any violation of the Terms or create user accounts by automated means or under false or fraudulent pretenses;
· Modify, adapt, translate, or reverse engineer any portion of the Site;
· Scrape the Eye Can Help resume database;
· Scrape or otherwise replicate any Eye Can Help content for competitive purposes;
· Use the Site for any purpose other than to identify employment opportunities for yourself or to identify prospective employees for users’ employment opportunities;
· Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes and/or advertise any products or services by directly posting within the Site or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication;
· Make any changes, additions and/or deletions to any Submissions posted by any user without the express written authorization of such other user;
· Include any misleading, irrelevant information and/or hidden keywords in any Submissions posted by you; and
· Frame or link to the Site of any of the content or information available from the Site unless Eye Can Help expressly consents to such linking and/or framing.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. Eye Can Help reserves the right to terminate Eye Can Help’s relationship with you under these Terms and prohibit your access to the Site or to edit, remove, or close any posting by you for any reason, including, without limitation, any action that Eye Can Help, in its sole judgment, determines to be inappropriate or disruptive to the Site, Eye Can Help, or any user, or if Eye Can Help determines that you have violated the Terms. Eye Can Help may, without limitation of other available remedies, prevent any user from obtaining access to the Site for violations of Eye Can Help policies or in its discretion.
You acknowledge that the Site contains content that Eye Can Help creates as well as content provided by third parties. The foregoing prohibitions do not impose on Eye Can Help, and Eye Can Help does not assume, any obligation to monitor or remove any postings or other information or communication submitted by you or any other user. You may be exposed to content that may be offensive, indecent or objectionable or that is inaccurate, and you bear all risks associated with using that content. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Eye Can Help, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
If you purchase services from Eye Can Help, then you shall be charged if, and as, indicated by the Site. Details regarding payment plans are available on the Site. Charges are exclusive of taxes. You are responsible for all taxes as applicable and appropriate. You are responsible for paying all taxes and government charges, and reasonable expenses and attorney fees Indeed incurs collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of Eye Can Help and only in the form of credit for Eye Can Help services.
You acknowledge and agree that any credit card and related billing and payment information that you provide to Eye Can Help may be shared by Eye Can Help with companies who work on Eye Can Help’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Eye Can Help and servicing your account. Eye Can Help may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Eye Can Help shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Eye Can Help shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by Eye Can Help. If you purchase a subscription plan, you acknowledge and agree that Eye Can Help will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.
You agree that you are responsible for the information and material that you post, submit, publish, display, or transmit to or through the Site, including without limitation the contents of job listings and resumes (each a “Submission”), and that you, not Eye Can Help, have full responsibility for such Submissions, including its legality, reliability, accuracy, and appropriateness. Eye Can Help is not responsible or liable to any third party for the content or accuracy of any Submissions posted by you or any other user. All Submissions must comply with the Terms. Any Submissions you post to the Site will be considered non-confidential and non-proprietary. By providing any Submission on the Site, you grant Eye Can Help and Eye Can Help’s affiliates and service providers, and each of their and Eye Can Help’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
· You own or control all rights in and to the Submissions and have the right to grant the license granted above to Eye Can Help and Eye Can Help’s affiliates and service providers, and each of their and Eye Can Help’s respective licensees, successors, and assigns.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER USERS EXPRESS THE VIEWS OF THE AUTHOR, AND NEITHER EYE CAN HELP NOR ITS SHAREHOLDERS OR AFFILIATED ENTITIES WILL BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS.
The information presented on or through the Site is made available solely for general information purposes. Eye Can Help does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Eye Can Help disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Although Eye Can Help has no obligation to do so, Eye Can Help may monitor Submissions, and reserve the right to delete, or take any action Eye Can Help deems appropriate with respect to, any Submission or portion thereof that Eye Can Help deems, in Eye Can Help’s sole discretion, to violate the Terms, including any Submission that is unrelated to the specific portion of the Site on which it is posted or that Eye Can Help deems in Eye Can Help’s sole discretion to be inappropriate. Eye Can Help reserves the right to remove or refuse to post any Submission for any or no reason in Eye Can Help’s sole discretion.
Without limiting the generality of the foregoing, Eye Can Help reserves the right (but is under no obligation) to remove any Submission that directly or indirectly discriminates against a user or a candidate for employment. Direct discrimination means, for example, that a Submission specifically makes clear that only employment candidates matching a certain criteria(s) are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Submission implicitly excludes certain classes of candidates by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Submissions that directly or indirectly discriminate against a candidate for employment or otherwise violate applicable law.
Eye Can Help reserves the right to disclose all Submissions and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Eye Can Help may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. Eye Can Help further reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. Eye Can Help has the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS EYE CAN HELP AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EYE CAN HELP OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER EYE CAN HELP, ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, OR LAW ENFORCEMENT AUTHORITIES.
V. SUBMISSION STANDARD
You must not post any Submission that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any Submission that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Eye Can Help in writing), or encourages or causes spamming or flooding. Submissions must not impersonate any person or entity, or misrepresent the identity or affiliation with any person or entity.
You are prohibited from posting any Submission containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Eye Can Help may remove any such identification information, but Eye Can Help does not undertake any obligation to do so, and Eye Can Help has no responsibility and disclaim all liability for any posting of such identification information. Eye Can Help reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
VII. LICENSE FOR SUBMISSION
To the extent permitted by law, you grant Eye Can Help a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all content and materials in any Submission for the purpose of publishing material on the Site or its publisher partners, maintaining the Site and promoting Eye Can Help without restriction. Furthermore, you grant us, Eye Can Help’s affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any such Submission or Eye Can Help marketing materials, or actions by Eye Can Help to promote or publicize such User Submission including the use of keywords in third-party internet search engines.
You represent and warrant that: (i) you own the Submission that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such Submission, and its posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such Submission and its posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such Submission. You agree to defend, indemnify and hold harmless Eye Can Help and its affiliates from any claims resulting from any such Submission. If you wish to request to revoke the license granted by you in this Section for any such Submission, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such Submission. Your certified letter of request must include (a) the signature of the applicable rights holder for such Submission or a person authorized to act on behalf of the rights holder; (b) identification of the Submission for which the license is to be revoked, and information reasonably sufficient to allow Eye Can Help to locate and remove such Submission on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated Submission; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such Submission. There may be a charge for answering and executing such a request; please contact Eye Can Help for more details.
VIII. CLAIMS OF INFRINGEMENT
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Site infringe your copyright, you (or your agent) may send Eye Can Help a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Eye Can Help to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Eye Can Help a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to: Eye Can Help, Attn: Eye Can Help, 629 Hackmore Drive, Eagan, MN 55123 or Email: contact @ eyecanhelp.com (remove spaces when sending email). Eye Can Help suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
IX. DISCLAIMER OF WARRANTIES
Eye Can Help disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Eye Can Help search results (including jobs listings) or otherwise made available on the Site by Eye Can Help or third parties (including Submissions), regardless of whether paid for or used for free. Eye Can Help disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Eye Can Help for informational purposes only. You acknowledge you are not paying Eye Can Help for the aforementioned information. Eye Can Help disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including Submissions). Eye Can Help further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Eye Can Help be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Eye Can Help be liable to you or any third party on account of your use or misuse of or reliance on any third-party site or service you link to from the Site.
Eye Can Help further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Eye Can Help as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the Site. Under no circumstances will Eye Can Help be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Submissions, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, SUBMISSIONS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. EYE CAN HELP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EYE CAN HELP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, SUBMISSIONS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE. EYE CAN HELP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY EYE CAN HELP.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
X. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EYE CAN HELP INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, NON-PERFORMANCE OF THIRD PARTIES, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. UNDER NO CIRCUMSTANCES SHALL THE COVERED PARTIES BE LIABLE TO YOU OR ANY OTHER CUSTOMER FOR SAID CUSTOMER’S LOSS OF BUSINESS, LOSS OF PROFITS, POSTAGE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY SUCH CUSTOMER AS A RESULT OF OUR ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES.
IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO EYE CAN HELP FOR THE REQUEST.
XI. GOVERNING LAW AND EXCLUSIVE VENUE FOR DISPUTES.
The internal laws of the State of Minnesota shall govern the performance of these Terms of Service, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of Hennepin in the State of Minnesota for all disputes arising out of, or relating to, the Terms of Service and use of this Site or its services.
You agree to defend, indemnify and hold harmless Eye Can Help from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of these Terms; (b) your use of, and access to the Site; (c) your loss of, or disclosure of, information gained from using the Site; (d) your violation of any applicable laws or regulations, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content or Submission caused damage to a third party; or (g) your actions as an employer including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or candidate. You also agree that you have a duty to defend Eye Can Help against such claims. You agree that this indemnity extends to requiring you to pay for Eye Can Help’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Terms and your use of the Site.
Eye Can Help reserves the right to terminate your Account and access to the Site and its services at any time. Termination by Eye Can Help may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your Account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.
XIV. AMENDMENT TO TERMS OF SERVICES
Eye Can Help reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms of Service at any time. You agree that we may modify the Terms of Service and such modifications shall be effective immediately upon posting to the Site. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms of Service except and to the extent prohibited by applicable state or federal law.
XV. CHANGES TO SITE
Eye Can Help reserves the right, for any reason, in Eye Can Help’s sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. Eye Can Help may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that Eye Can Help will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.
XVI. ADDITIONAL TERMS
The captions in these Terms of Service are only for convenience and do not, in any way, limit in part or whole, or otherwise define the terms and provisions of these Terms of Service. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms of Service is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to uphold the intent of the Terms of Service, and the remainder of the Terms of Service shall continue in full force and effect. The failure by either you or Eye Can Help to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms of Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms of Service regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Service.
XVII. CLASS ACTION WAIVER
By using the Site and in return for the services offered by Eye Can Help, you acknowledge that Eye Can Help can only offer you these services under the Terms as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Eye Can Help as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Eye Can Help regarding your use of the Site. Additionally, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these Terms including this Class Action Waiver. If you do not agree to any part of these Terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the section titled Governing Law and Dispute Resolution above.
XVIII. WAIVER AND SEVERABILITY
No waiver by Eye Can Help of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Eye Can Help to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
XIX. EQUITABLE RELIEF
You agree that a breach of these Terms of Service will cause irreparable injury to Eye Can Help for which monetary damages would not be an adequate remedy and Eye Can Help shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Any notices to Eye Can Help must be sent to Eye Can Help via certified first class or air mail or overnight courier, and are deemed given upon receipt. Notice to you may be affected by sending email to the email address specified in your account, or by posting a message or notice to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted. You may not assign or delegate any of your rights or obligations hereunder without Eye Can Help’s prior written consent and any such attempt is void. Eye Can Help may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Eye Can Help may assign any agreement between you and Eye Can Help to any related Eye Can Help entity by informing you of such assignment. Eye Can Help and you are not legal partners or agents, but are independent contractors.
XXI. INTELLECTUAL PROPERTY RIGHTS
This website and various aspects of this website may be protected by federal statutory and common law copyright protection, federal statutory and common law trademark and service mark protection, federal statutory and common law trade dress protection and federal patent protection. Any infringement of the intellectual property rights of this website will be aggressively prosecuted. Verification of such may be made by the patent, trademark, and copyright law firm of Johnson and Phung LLC, website www.mnpatentlaw.com and more specifically, Thomas Phung of www.mnpatentlaw.com.
XXII. LEGAL DISPUTES-AGREEMENT TO ARBITRATE
By using this site or accessing to this Site or Services, or any tickets or purchased through this Site or Services you agree that any related disputes be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“Rules”), rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis (together with subsections 22(A)-(F), the “Agreement to Arbitrate”). This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
XXIII. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
1. Prohibition of Class and Representative Actions
EXCEPT WHERE PROHIBITED BY LAW, YOU AND EYE CAN HELP AGREE THAT EACH OF US MAY BRING CLAIMS PURSUANT TO THIS AGREEMENT TO ARBITRATE AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND EYE CAN HELP AGREE OTHERWISE, THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
2. Non-Individualized Relief
YOU AND EYE CAN HELP AGREE THAT THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OR THE GENERAL PUBLIC.
If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then subject to your and Eye Can Help’s right to appeal the court’s decision, that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims will be arbitrated.
3. Arbitration Procedures
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of the User Agreement, as a court would.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the User Agreement is void or voidable.
This Agreement to Arbitrate (“Prohibition of Class and Representative Actions”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
XXIV. ENTIRE AGREEMENT
These Terms of Service and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the “Agreement”) between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
By accessing or using the Site, you signify your assent to these Terms and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Eye Can Help’s proprietary rights in them. You understand and acknowledge that Eye Can Help or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Eye Can Help reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your Submissions. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
Feedback, comments, requests for technical support, and other communications relating to the Site, but not related to privacy or copyright complaints, should be directed to: contact @ eyecanhelp.com.
Our postal address is:
Eye Can Help
629 Hackmore Drive
Eagan, MN 55123