Terms of Service

PLEASE CAREFULLY READ THESE TERMS BEFORE PROCEEDING TO ACCESS OR IN ANY WAY USE THIS SITE. THESE TERMS APPLY TO ALL USERS OF THIS SITE REGARDLESS OF WHETHER OR NOT YOU HAVE REGISTERED.

These Terms of Service establish the terms and conditions for access to and use of the Websystem3 web site (the "Site"). If you do not want to agree to be legally bound by these terms PLEASE DO NOT access or use this Site.

Websystem2, LLC (d/b/a WebSystem3) ("Websystem3") or its parent, CooperVision, Inc. ("CooperVision"), owns the web sites operated by Websystem3.

Your use of any Websystem3 products or services is governed by your customer agreement and any other terms that apply to those products and services. Please consult your customer agreement and such other applicable terms for more information about your rights and obligations regarding Websystem3 products and services.

If you register for anything on this Site that requires registration, you affirm that you are at least 18 years old. By registering, you agree to release Websystem3, its officers, directors, employees, affiliates, parent, successor and assigns (and the officers, directors and employees of such affiliates, parent, successors and assigns) from all claims that you might have arising from your use of our Site.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

When you register, we may keep on file the following information that you submit:

  • Email address
  • User Name or Login ID
  • Password
  • First Name, Last Name, Display Name (may be visible to others)
  • Company
  • City, State, Country
  • Phone Number (not required)

You affirm that the information you provide (name, email address, etc.) is true and accurate, and that you are not impersonating another person.

You Are Agreeing to Our Privacy Policy

Websystem3 respects the privacy of its Site users. Please refer to Websystem3's Privacy Policy, which explains our users' rights with respect to information that we collect on this Site. When you access or use the Site, you signify your agreement to this Privacy Policy.

Copyright Notice

All materials and information available on the Site are protected by copyright. These materials are either (i) owned or controlled by Websystem3 or its parent, CooperVision, Inc. or (ii) licensed to Websystem3 or CooperVision by a third party. You may download downloadable materials from the Site, subject to any use restrictions or conditions established by Websystem3, its affiliates or licensors.

If you download any downloadable materials, you cannot modify them in any way and you must abide by all copyright, trademark and other notices in such materials. You may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained on this Site. It is strongly advised that you do not upload any third party materials to our Site without third party authorization (other site or web site content, articles, links, text, images, videos, etc.) as most third party published materials are likewise subject to copyright and other protections.

Trademark Notice

Unless otherwise noted the trademarks, service marks, trade names, trade dress and product names featured on this Site are trademarks of Websystem3 or CooperVision, or their respective affiliates, related companies or licensors. Websystem 3's or CooperVision's trademarks may be used publicly only with permission.

Other Sites and/or Materials

We may post links to other web site(s) on our Site. These links are provided as a courtesy to our Site visitors. Websystem3 has no control over linked web sites or the materials, information, goods or services available on these web sites. Websystem3 is not responsible for and does not endorse or warrant any materials, information, goods or services available through any linked web sites. We do not guarantee the privacy practices (or any other policies) of such web sites. We do not guarantee the accuracy of the content of any such web site. Websystem3 reserves the right to terminate any link at any time.

Accuracy of Information

Websystem3 strives to accurately describe its products and services, as well as updating information on our Site. However, Websystem3 does not warrant that any information on the Site, including without limitation, product or service descriptions, is complete or free from error.

No Medical Advice

This Site is designed to provide general information about online marketing and practice tools for health care professions. It is not intended to provide medical advice. Consumers and patients should always consult an eye care professional for information and advice on the treatment of a specific condition or for any other medical need.

Content You Post to Sites

Where permitted on the Site, visitors may post reviews, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Websystem3 reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Websystem3 and CooperVision a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Websystem3 and Coopervision and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or control all of the rights to the content that you post (or otherwise have permission to use the same from the rightful owner); that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Websystem3 and CooperVision for all claims resulting from content you supply. Websystem3 and CooperVision have the right, but not the obligation, to monitor and edit or remove any activity or content. Neither Websystem3 nor CooperVision, takes any responsibility or assumes any liability for any content posted by you or any third party.

We reserve the right to refuse you access to our Site or to restrict, suspend or deactivate your account. We reserve the right to take any post or comment down at any time. If we do, you are likely to receive a notice from us that says that refers to the post but informs you that its content is not appropriate or is otherwise inconsistent with our rule.

Prohibited Actions

You agree not to interrupt or attempt to interrupt the operation of the Site. You may not use any automated tool to mine the Site for information or to fill out forms on the Site.

The web site and email servers maintained by Websystem3 and the emails associated with the domain cannot be used for the delivery of unsolicited bulk email or for any malicious, unethical, offensive, harmful or unlawful purpose. We reserve the right to limit or deny a user's access to the Site or take other appropriate action is a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. You may only use the Site for lawful purposes. Unauthorized use may result in criminal and/or civil prosecution under Federal, State, and local law.

Do Not Use this Site to Communicate Legal Notices to Websystem3

Communications made through the Site's e-mail and messaging system will not constitute legal notice to Websystem3, CooperVision or any of their respective officers, employees, agents or representatives. You should send legal notices to:

Office of the General Counsel
The Cooper Companies, Inc.
6140 Stoneridge Mall Road, Suite 590
Pleasanton, CA 94588-3772

Disclaimer; Limitation of Damages

ACCESS TO OUR SITE IS PROVIDED TO YOU AS A COURTESY, "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER WEBSYSTEM3 NOR COOPERVISION MAKES ANY WARRANTY OR REPRESENTATION THAT ACCESS TO, CONTENT OF OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM OUR SITE.

To the extent permitted by law, neither Websystem3 nor CooperVision will be liable for any indirect, special, incidental, consequential, or punitive damages of any kind related to the Site whether as a breach of contract, tortious behavior, negligence or any other cause of action, even if either of those parties has been advised of the possibility of such damages.

Modification of Terms of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use, so be sure to check back frequently for the current terms.

Visitors From Outside of the United States of America

Websystem3 makes no representation that materials or other content on our Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access our Site from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Applicable Laws; Venue

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California. Any action related to this Site will be filed only in the appropriate state or federal court located within the State of California. By using this Site, you consent to the jurisdiction of the state and/or federal courts of the State of California.

Additional Websystem3 Software Terms

  1. Use of the Websystem3 Software. You may use software, tools and applications offered by Websystem3 (the "Websystem3 Software") solely for purposes of enabling you to use Websystem3's services, as permitted by your customer agreement, the Terms of Use, these Additional Websystem3 Software Terms and any other applicable terms and condition. You may not incorporate any portion of the Websystem3 Software into your own programs or compile any portion of it in combination with your own programs except as authorized by Websystems3, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Websystem3 Software or otherwise assign any rights to the Websystem3 Software in whole or in part. You may not use the Websystem3 Software for any illegal purpose. We may cease providing any Websystem3 Software and we may terminate your right to use any Websystem3 Software at any time. Your rights to use the Websystem3 Software will automatically terminate without notice from us upon termination or expiration of your customer agreement or if you fail to comply with any of these Software Terms, the Terms of Use or any other applicable terms or conditions. Additional third party terms contained within or distributed with certain Websystem3 Software that are specifically identified in related documentation may apply to that Websystem3 Software (or software incorporated with the Websystem3 Software) and will govern the use of such software in the event of a conflict with these Software Terms or the Terms of Use. All software used in any Websystem3 service is the property of Websystem3, CooperVision or their respective software suppliers and protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the Websystem3 Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Websystem3 Software, whether in whole or in part, or create any derivative works from or of the Websystsem Software.
  4. Updates. In order to keep the Websystem3 Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Websystem3 Software. If you are a U.S. Government end user, we are licensing the Websystem3 Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Websystem3 Software are the same as the rights we grant to all others under these Software Terms and the Terms of Use.

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