TERMS & CONDITIONS

ACKNOWLEDGEMENT & AGREEMENT

UPDATED JANUARY 1,2023

By selecting the checkbox, filling out an order form, or contacting MyEYES LLC any other way, with the intent to procure our services; you (the “patient” or “customer”) are acknowledging that you have read and agree to the following terms set forth in this document.

The iCare Home Tonometer (“the device”,”HOME”,”HOME2″ or “tonometer”), manufactured by iCare Finland, OY, when operated properly, is a highly sophisticated medical instrument designed to produce reliable and accurate intraocular pressure (IOP) measurements when used by the patient in their home under the guidance and care of a licensed medical professional. Prior to use, it is critical that patients review the instruction manual included with the device as well as all the instruction manuals from the website and the tutorials available on the MyEyes website (MyEyes.net/Resources):

Introduction to the HOME tonometer

Detailed instructions for use of the HOME tonometer

A brief walk through using the HOME tonometer

The Patient is solely responsible for the accuracy of any information obtained through use of the Device and is solely responsible for the transmission of any such information to their licensed medical professional. Neither ICare Finland, OY, ICare USA, Inc., nor MyEyes LLC are responsible for the interpretation and or use of any such information obtained through use of the Device, or diagnosis made, by an individual healthcare professional.

Furthermore, the Patient agrees to hold harmless iCare Finland, OY, iCare-Usa, MyEYES LLC and any subsidiaries from any liability from any improper use of the HOME device and or damage or interference it may cause.

The Patient also agrees to cover any damage to the device while in their possession, which can be but not limited to; authorizing MyEYES LLC to use the security deposit to cover repair fees as well as billing the Patient for any additional costs to repair the device. These types of incidents will be handled on a case-by-case basis and the Patient agrees to relinquishing all rights and arbitration to the sole discretion of MyEYES LLC.

Terms and Conditions

User-Generated Content

MyEYES LLC Terms of Use

Automatically renewed each January 1, of each new year.

Welcome to the MyEYES LLC Terms of Use agreement. For purposes of this agreement, “Site”

refers to the Company’s website, which can be accessed at MyEYES.net. “Service” refers to the

Company’s services accessed via the Site, in which users can fill out an order form, upload their

prescription and rent or purchase an iCare HOME tonometer. You may also opt to use iCare’s

online platform to monitor your data. This device is used to monitor the person’s intraocular

pressure. This is important information relating to Glaucoma. The terms “we,” “us,” and “our”

refer to the Company. “You” refers to you, as a user of our Site or our Service.

The following Terms of Use apply when you view or use the Service via our website located at

MyEYES.net.

RETURNS/REFUNDS

Returns are generally NOT accepted due to the fact that this is a medical device. However within 30 days, if it is unopened, you may return it in it’s original packaging and get a full refund. If it has been opened and NOT used, you can still get a refund however you may be charged processing and restocking fees of %10. If you have opened it and used the product, and still unsatisfied, you can still return it to us, however, there may be an additional restock fee of %20. You are responsible for all shipping with insurance back to your packing facility. The refund will be promptly released as soon as the device is received and inspected. If there is a special circumstance, please contact us for further assistance. Also, if you file a dispute on your charge prior to talking with us, you may also be charged a processing fee from Paypal. Please contact us should you have any problems, so that we can attempt to help you with it. We are happy to work with anyone for any situation. If you have a problem, we want to be able to help to make it right!

HOME2 WARRANTY

MyEyes LLC offers a Warranty for HOME2 machines purchased through MyEyes (via our website, Myeyes , or our customer care phone number). We offer either a Three- (3) Year HOME2 Warranty, a Two- (2) Year HOME2 Warranty, or a One- (1) Year HOME2 Warranty.

By purchasing any of these Warranty products or services, you agree to the following terms:

One-Time Payment. The Three (3) Year HOME2 Warranty and Two (2) Year HOME2 Warranty are one-time payments. There is no subscription option.
Subscription Payment: The One (1) Year (or Annual) Warranty is a subscription plan. The One (1) Year HOME2 Warranty Subscription fee is charged annually, upfront, on the day of subscription initiation and will renew on the same calendar day each year. By purchasing the One (1) Year (or Annual) Warranty, you are agreeing to subscribe for one (1) year at minimum.
Cancellation Policy: You may cancel your subscription anytime; however, the minimum subscription duration is one (1) year. If canceled within the subscription month, no refunds or prorated refunds will be provided, and the subscription will not renew the following year.
Subscription Renewal: Subscriptions renew automatically one (1) calendar year after initiation unless canceled before the renewal date.
HOME2 Machines purchased through another company or distributor are not eligible for the Warranty

The HOME2 Warranty product covers and includes the following:

1). Defects in material and workmanship. Protection for battery and parts.

2.) Protection for software defects including bluetooth issues.

3.) Unless MYEYES LLC or a MYEYES LLC patient ambassador communicates otherwise via our official customer support telephone number (1-888-959-5563), all Warranty products and services must be purchased when purchasing the HOME2 machine associated with the Warranty.

The HOME2 Warranty product DOES NOT cover the following:

1.) Repairs to the HOME2 machine or its accessories if it is dropped.

2.) Repairs to the HOME2 machine or its accessories if it is submerged in water/liquids.

3.) Replacing the HOME2 machine or its accessories if it is lost.

4.) Replacing the HOME2 machine or its accessories if it is stolen.

5.) HOME2 devices NOT purchased from MyEyes (Myeyes , or 1-888-959-5563).

By purchasing or subscribing to a HOME2 Warranty Product, Service, or Plan, you acknowledge that you have read and agree to these terms, in addition to the existing terms and conditions of MyEyes LLC. For further assistance or questions regarding the Warranty product or subscription, please contact us at info@myeyes.northsupport.co.za

RENTALS:

ALL SALES ARE FINAL, THERE ARE NO REFUNDS. However, some certain circumstances may arise where you were unable to use the device, etc. In this case, simply write us an email and we can respond and find an amicable solution for you. When you rent a device, we don’t require the rental payment upfront, however we do require a security deposit. When you check out, you will only see your security deposit fee. Upon return of the device, we will subtract your rental fee (whether it was 1,2,+ weeks) from your paid security deposit and immediately refund you the remaining balance. By renting the device you agree to keep the device safe and to return it in good condition. In the future we may remove the security deposit all togther and just charge a rental fee. If you have any questions, please contact us for more information or clarification prior to renting the device.

Please review the following terms carefully. By accessing or using the Service, you signify your

agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in

their entirety, you may not access or use the Service.

VRVF Machines Subscription Terms

MyEYES LLC offers VRVF machines on a monthly subscription basis. By subscribing to this service, you agree to the following terms:

Subscription Payment: The subscription fee for the VRVF machine is charged monthly, upfront, on the day of subscription initiation and will renew on the same calendar day each month.
Cancellation Policy: You may cancel your subscription at any time; however, the minimum subscription duration is three (3) months. If canceled within the subscription month, no refunds or prorated refunds will be provided, and the subscription will not renew for the next month.
Subscription Renewal: Subscriptions renew automatically one calendar month after initiation unless canceled prior to the renewal date.
Usage and Responsibility: Subscribers are responsible for the proper use and maintenance of the VRVF machine. Any damage or misuse may result in additional charges.

By subscribing to the VRVF service, you acknowledge that you have read and agree to these terms, in addition to the existing terms and conditions of MyEYES LLC.

For further assistance or questions regarding the VRVF subscription, please contact us at info@myeyes.northsupport.co.za.

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy

Policy (found here: https://myeyes.northsupport.co.za/privacy-policy/) which explains how we collect, use,

and disclose information that pertains to your privacy. When you access or use the Service, you

signify your agreement to the Privacy Policy as well as these Terms of Use.

ABOUT THE SERVICE

The Service allows you to rent or purchase an iCare HOME and upload your prescription for

that device. And you may also utilize the iClinic online platform to track your data temporarily

for rentals and permanently for a purchase (with yearly fee). The online software and all

associated services related to this is regulated and controlled by iCare USA in cooperation with MyEYES LLC.

HOME DATA COLLECTION

By agreeing to the terms and conditions hereto set forth, you also acknowledge, and consent to release your specific de-identified (retracted,subtracted or masked) HOME data collected during your rental or ownership to MyEYES LLC and or iCare USA. Furthermore by acknowledging these conditions, you legally authorize MyEYES LLC, it’s subsidiaries, parent company, associated companies or contracted third parties to collect, store, transmit and or publish etc., solely at the discretion of MyEYES LLC. MyEYES LLC agrees to ensure that this data has no identifiable meta data attached as well as specific conditions hitherto set forth in the pursuance of utilizing the database for the express purpose MyEYES LLC sees fit. More information can be requested by emailing us at info@myeyes.northsupport.co.za. The end result being to provide analytical and quantifiable real world data in association with current treatment paths and the correlative importance of this data relating to the study of Glaucoma and potential modifiable risk factors and potential cures that are currently being explored and that are yet to be discovered.

SHIPPING

We use a variety of reputable shipping companies to provide delivery of the product to you (UPS & USPS or FEDEX). Usually it only takes 2-4 days for delivery anywhere in the U.S. We are not responsible to delayed shipping due to Issues with the shipping companies, delays, shortages, nature, etc. We will make every effort to get the device to the recipient as soon as possible. Any specific delays will be communicated via email to the recipient. In addition, tracking is always available and should be carefully watched by the recipient. Signatures ARE REQUIRED to receive this device. By agreeing to these Terms and Conditions. you are accepting responsibility for properly receiving and shipping the device back (for rental patients). We provide the tracking information once we ship the device via the provided email contact from the order form, NO other information will be available outside of these email communications. It is the responsibility of the recipient to make the appropriate measures to ensure that someone is available to accept the device from the shipping company. Once the device has been properly accepted, the recipient is solely responsible for any damages, seen or unseen, etc, that may come to the device. At the end of the period (if renting), the recipient must then ship the device back using the prepaid sticker within a reasonable amount of time (1-3) days or will agree by default to additional charges. These charges start at $25/day and can accrue to no greater price than $2500. To collect funds you authorize MyEYES LLC to bill your credit card, use your security deposit held for the device or to send a money request or invoice for the owed amount. Any unforeseen circumstances can be handled on a case by case basis by contacting MyEYES through the “contact” page on the website.

COUPONS & DISCOUNTS

Unless otherwise stated, coupons, coupon codes, and discounts are valid for 90 days. Unless otherwise stated, coupons, coupon codes, and discounts for the purchase of the HOME2 for customers who previously rented the HOME2 are valid 90 days from the date the customer’s HOME2 Rental order was placed.

COPYRIGHT

The basis of copyright protection in the U.S. is the Copyright Act of 1976. It grants authors and artists the exclusive rights to reproduce, distribute, and display their works.

Websites fall under this protection because they contain creative elements like written content and images.

You enjoy copyright protection immediately at the time of creation. For all intents and purposes, this creation was first published by MyEYES LLC 2020 and is renewed indefinately every year there after. ALL RIGHTS are RESERVED. A copy of the Copy Right Regsitration can be obtained by writing info@myeyes.northsupport.co.za. For information on copy right laws, please search: https://www.copyright.gov/

201. Ownership of copyright1

(a) Initial Ownership.—Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work.

(b) Works Made for Hire.—In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.

(c) Contributions to Collective Works.—Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.

202. Ownership of copyright as distinct from ownership of material object

Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object.

501. Infringement of copyright3

(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a). As used in this subsection, the term “anyone” includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity.

(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.

(c) For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable as an act of infringement under subsection (c) of section 111, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that television station.

(d) For any secondary transmission by a cable system that is actionable as an act of infringement pursuant to section 111(c)(3), the following shall also have standing to sue: (i) the primary transmitter whose transmission has been altered by the cable system; and (ii) any broadcast station within whose local service area the secondary transmission occurs.

(e) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 119(a)(3), a network station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that station.

(f)(1) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 122, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station.

(2) A television broadcast station may file a civil action against any satellite carrier that has refused to carry television broadcast signals, as required under section 122(a)(2), to enforce that television broadcast station’s rights under section 338(a) of the Communications Act of 1934.

502. Remedies for infringement: Injunctions

(a) Any court having jurisdiction of a civil action arising under this title may, subject to the provisions of section 1498 of title 28, grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.

(b) Any such injunction may be served anywhere in the United States on the person enjoined; it shall be operative throughout the United States and shall be enforceable, by proceedings in contempt or otherwise, by any United States court having jurisdiction of that person. The clerk of the court granting the injunction shall, when requested by any other court in which enforcement of the injunction is sought, transmit promptly to the other court a certified copy of all the papers in the case on file in such clerk’s office.

503. Remedies for infringement: Impounding and disposition of infringing articles4

(a)(1) At any time while an action under this title is pending, the court may order the impounding, on such terms as it may deem reasonable—

(A) of all copies or phonorecords claimed to have been made or used in violation of the exclusive right of the copyright owner;

(B) of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced; and

(C) of records documenting the manufacture, sale, or receipt of things involved in any such violation, provided that any records seized under this subparagraph shall be taken into the custody of the court.

(2) For impoundments of records ordered under paragraph (1)(C), the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been impounded. The protective order shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used.

(3) The relevant provisions of paragraphs (2) through (11) of section 34(d) of the Trademark Act (15 U.S.C. 1116(d)(2) through (11)) shall extend to any impoundment of records ordered under paragraph (1)(C) that is based upon an ex parte application, notwithstanding the provisions of rule 65 of the Federal Rules of Civil Procedure. Any references in paragraphs (2) through (11) of section 34(d) of the Trademark Act to section 32 of such Act shall be read as references to section 501 of this title, and references to use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services shall be read as references to infringement of a copyright.

(b) As part of a final judgment or decree, the court may order the destruction or other reasonable disposition of all copies or phonorecords found to have been made or used in violation of the copyright owner’s exclusive rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be reproduced.

504. Remedies for infringement: Damages and profits5

(a) In General.—Except as otherwise provided by this title, an infringer of copyright is liable for either—

(1) the copyright owner’s actual damages and any additional profits of the infringer, as provided by subsection (b); or

(2) statutory damages, as provided by subsection (c).

(b) Actual Damages and Profits.—The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.

(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are li-able jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.

(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or (ii) a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a public broadcasting entity (as defined in section 118(f )) infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a work.

(3) (A) In a case of infringement, it shall be a rebuttable presumption that the infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert with the violator, knowingly provided or knowingly caused to be provided materially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the infringement.

(B) Nothing in this paragraph limits what may be considered willful infringement under this subsection.

(C) For purposes of this paragraph, the term “domain name” has the meaning given that term in section 45 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes” approved July 5, 1946 (commonly referred to as the “Trademark Act of 1946”; 15 U .S .C . 1127).

(d) Additional Damages in Certain Cases.—In any case in which the court finds that a defendant proprietor of an establishment who claims as a defense that its activities were exempt under section 110(5) did not have reasonable grounds to believe that its use of a copyrighted work was exempt under such section, the plaintiff shall be entitled to, in addition to any award of damages under this section, an additional award of two times the amount of the license fee that the proprietor of the establishment concerned should have paid the plaintiff for such use during the preceding period of up to 3 years.

505. Remedies for infringement: Costs and attorney’s fees

In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney’s fee to the prevailing party as part of the costs.

506. Criminal offenses6

(a) Criminal Infringement.—

(1) In general.—Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed—

(A) for purposes of commercial advantage or private financial gain;

(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

(2) Evidence.—For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.

(3) Definition.—In this subsection, the term “work being prepared for commercial distribution” means—

(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution—

(i) the copyright owner has a reasonable expectation of commercial distribution; and

(ii) the copies or phonorecords of the work have not been commercially distributed; or

(B) a motion picture, if, at the time of unauthorized distribution, the motion picture—

(i) has been made available for viewing in a motion picture exhibition facility; and

(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.

(b) Forfeiture, Destruction, and Restitution.—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323 of title 18, to the extent provided in that section, in addition to any other similar remedies provided by law.

(c) Fraudulent Copyright Notice.—Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

(d) Fraudulent Removal of Copyright Notice.—Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.

(e) False Representation.—Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.

(f) Rights of Attribution and Integrity.—Nothing in this section applies to infringement of the rights conferred by section 106A(a).

507. Limitations on actions7

(a) Criminal Proceedings.—Except as expressly provided otherwise in this title, no criminal proceeding shall be maintained under the provisions of this title unless it is commenced within 5 years after the cause of action arose.

(b) Civil Actions.—No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.

508. Notification of filing and determination of actions

(a) Within one month after the filing of any action under this title, the clerks of the courts of the United States shall send written notification to the Register of Copyrights setting forth, as far as is shown by the papers filed in the court, the names and addresses of the parties and the title, author, and registration number of each work involved in the action. If any other copyrighted work is later included in the action by amendment, answer, or other pleading, the clerk shall also send a notification concerning it to the Register within one month after the pleading is filed.

(b) Within one month after any final order or judgment is issued in the case, the clerk of the court shall notify the Register of it, sending with the notification a copy of the order or judgment together with the written opinion, if any, of the court.

(c) Upon receiving the notifications specified in this section, the Register shall make them a part of the public records of the Copyright Office.

509. [Repealed]8

510. Remedies for alteration of programming by cable systems 9

(a) In any action filed pursuant to section 111(3), the following remedies shall be available:

(1) Where an action is brought by a party identified in subsections (b) or

(c) of section 501, the remedies provided by sections 502 through 505, and the remedy provided by subsection (b) of this section; and

(2) When an action is brought by a party identified in subsection (d) of section 501, the remedies provided by sections 502 and 505, together with any actual damages suffered by such party as a result of the infringement, and the remedy provided by subsection (b) of this section.

(b) In any action filed pursuant to section 111(3), the court may decree that, for a period not to exceed thirty days, the cable system shall be deprived of the benefit of a statutory license for one or more distant signals carried by such cable system.

511. Liability of States, instrumentalities of States, and State officials for infringement of copyright10

(a) In General.—Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity, shall not be immune, under the Eleventh Amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal Court by any person, including any governmental or nongovernmental entity, for a violation of any of the exclusive rights of a copyright owner provided by sections 106 through 122, for importing copies of phonorecords in violation of section 602, or for any other violation under this title.

(b) Remedies.—In a suit described in subsection (a) for a violation described in that subsection, remedies (including remedies both at law and in equity) are available for the violation to the same extent as such remedies are available for such a violation in a suit against any public or private entity other than a State, instrumentality of a State, or officer or employee of a State acting in his or her official capacity. Such remedies include impounding and disposition of infringing articles under section 503, actual damages and profits and statutory damages under section 504, costs and attorney’s fees under section 505, and the remedies provided in section 510.

512. Limitations on liability relating to material online11

(a) Transitory Digital Network Communications.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider’s transmitting, routing, or providing connections for, material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material in the course of such transmitting, routing, or providing connections, if—

(1) the transmission of the material was initiated by or at the direction of a person other than the service provider;

(2) the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider;

(3) the service provider does not select the recipients of the material except as an automatic response to the request of another person;

(4) no copy of the material made by the service provider in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and

(5) the material is transmitted through the system or network without modification of its content.

(b) System Caching.—

(1) Limitation on liability.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the intermediate and temporary storage of material on a system or network controlled or operated by or for the service provider in a case in which—

(A) the material is made available online by a person other than the service provider;

(B) the material is transmitted from the person described in subparagraph (A) through the system or network to a person other than the person described in subparagraph (A) at the direction of that other person; and

(C) the storage is carried out through an automatic technical process for the purpose of making the material available to users of the system or network who, after the material is transmitted as described in subparagraph (B), request access to the material from the person described in subparagraph (A), if the conditions set forth in paragraph (2) are met.

(2) Conditions.—The conditions referred to in paragraph (1) are that—

(A) the material described in paragraph (1) is transmitted to the subsequent users described in paragraph (1)(C) without modification to its content from the manner in which the material was transmitted from the person described in paragraph (1)(A);

(B) the service provider described in paragraph (1) complies with rules concerning the refreshing, reloading, or other updating of the material when specified by the person making the material available online in accordance with a generally accepted industry standard data communications protocol for the system or network through which that person makes the material available, except that this subparagraph applies only if those rules are not used by the person described in paragraph (1)(A) to prevent or unreasonably impair the intermediate storage to which this subsection applies;

(C) the service provider does not interfere with the ability of technology associated with the material to return to the person described in paragraph (1)(A) the information that would have been available to that person if the material had been obtained by the subsequent users described in paragraph (1)(C) directly from that person, except that this subparagraph applies only if that technology—

(i) does not significantly interfere with the performance of the provider’s system or network or with the intermediate storage of the material;

(ii) is consistent with generally accepted industry standard communications protocols; and

(iii) does not extract information from the provider’s system or network other than the information that would have been available to the person described in paragraph (1)(A) if the subsequent users had gained access to the material directly from that person;

(D) if the person described in paragraph (1)(A) has in effect a condition that a person must meet prior to having access to the material, such as a condition based on payment of a fee or provision of a password or other information, the service provider permits access to the stored material in significant part only to users of its system or network that have met those conditions and only in accordance with those conditions; and

(E) if the person described in paragraph (1)(A) makes that material available online without the authorization of the copyright owner of the material, the service provider responds expeditiously to remove, or disable access to, the material that is claimed to be infringing upon notification of claimed infringement as described in subsection (c)(3), except that this subparagraph applies only if—

(i) the material has previously been removed from the originating site or access to it has been disabled, or a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled; and

(ii) the party giving the notification includes in the notification a statement confirming that the material has been removed from the originating site or access to it has been disabled or that a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled.

(1) In general.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider—

(A)(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;

(ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

(iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

(B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and

(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

(2) Designated agent.—The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information:

(A) the name, address, phone number, and electronic mail address of the agent.

(B) other contact information which the Register of Copyrights may deem appropriate.

The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, and may require payment of a fee by service providers to cover the costs of maintaining the directory.

(3) Elements of notification.—

(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) 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.

(vi) 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.

(B)(i) Subject to clause (ii), a notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions of subparagraph (A) shall not be considered under paragraph (1)(A) in determining whether a service provider has actual knowledge or is aware of facts or circumstances from which infringing activity is apparent.

(ii) In a case in which the notification that is provided to the service provider’s designated agent fails to comply substantially with all the provisions of subparagraph (A) but substantially complies with clauses (ii), (iii), and (iv) of subparagraph (A), clause (i) of this subparagraph applies only if the service provider promptly attempts to contact the person making the notification or takes other reasonable steps to assist in the receipt of notification that substantially complies with all the provisions of subparagraph (A).

(d) Information Location Tools.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider—

(1) (A) does not have actual knowledge that the material or activity is infringing;

(A) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

(B) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

(2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and

(3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

(e) Limitation on Liability of Nonprofit Educational Institutions.—

(1) When a public or other nonprofit institution of higher education is a service provider, and when a faculty member or graduate student who is an employee of such institution is performing a teaching or research function, for the purposes of subsections (a) and (b) such faculty member or graduate student shall be considered to be a person other than the institution, and for the purposes of subsections

(c) and (d) such faculty member’s or graduate student’s knowledge or awareness of his or her infringing activities shall not be attributed to the institution, if—

(A) such faculty member’s or graduate student’s infringing activities do not involve the provision of online access to instructional materials that are or were required or recommended, within the preceding 3-year period, for a course taught at the institution by such faculty member or graduate student;

(B) the institution has not, within the preceding 3-year period, received more than 2 notifications described in subsection (c)(3) of claimed infringement by such faculty member or graduate student, and such notifications of claimed infringement were not actionable under subsection (f); and

(C) the institution provides to all users of its system or network informational materials that accurately describe, and promote compliance with, the laws of the United States relating to copyright.

(2) For the purposes of this subsection, the limitations on injunctive relief contained in subsections (j)(2) and (j)(3), but not those in (j)(1), shall apply.

(f) Misrepresentations.—Any person who knowingly materially misrepresents under this section—

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

(g) Replacement of Removed or Disabled Material and Limitation on Other Liability.—

(1) No liability for taking down generally.—Subject to paragraph (2), a service provider shall not be liable to any person for any claim based on the service provider’s good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.

(2) Exception.—Paragraph (1) shall not apply with respect to material residing at the direction of a subscriber of the service provider on a system or network controlled or operated by or for the service provider that is removed, or to which access is disabled by the service provider, pursuant to a notice provided under subsection (c)(1)(C), unless the service provider—

(A) takes reasonable steps promptly to notify the subscriber that it has removed or disabled access to the material;

(B) upon receipt of a counter notification described in paragraph (3), promptly provides the person who provided the notification under subsection (c)(1)(C) with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and

(C) replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network.

(3) Contents of counter notification.—To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent that includes substantially the following:

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

(4) Limitation on other liability.—A service provider’s compliance with paragraph (2) shall not subject the service provider to liability for copyright infringement with respect to the material identified in the notice provided under subsection (c)(1)(C).

(h) Subpoena to Identify Infringer.—

(1) Request.—A copyright owner or a person authorized to act on the owner’s behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection.

(2) Contents of request.—The request may be made by filing with the clerk—

(A) a copy of a notification described in subsection (c)(3)(A);

(B) a proposed subpoena; and

(C) a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title.

(3) Contents of subpoena.—The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.

(4) Basis for granting subpoena.—If the notification filed satisfies the provisions of subsection (c)(3)(A), the proposed subpoena is in proper form, and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to the service provider.

(5) Actions of service provider receiving subpoena.—Upon receipt of the issued subpoena, either accompanying or subsequent to the receipt of a notification described in subsection (c)(3)(A), the service provider shall expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by the subpoena, notwithstanding any other provision of law and regardless of whether the service provider responds to the notification.

(6) Rules applicable to subpoena.—Unless otherwise provided by this section or by applicable rules of the court, the procedure for issuance and delivery of the subpoena, and the remedies for noncompliance with the subpoena, shall be governed to the greatest extent practicable by those provisions of the Federal Rules of Civil Procedure governing the issuance, service, and enforcement of a subpoena duces tecum.

(i) Conditions for Eligibility.—

(1) Accommodation of technology.—The limitations on liability established by this section shall apply to a service provider only if the service provider—

(A) has adopted and reasonably implemented, and informs subscribers and account holders of the service provider’s system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider’s system or network who are repeat infringers; and

(B) accommodates and does not interfere with standard technical measures.

(2) Definition.—As used in this subsection, the term “standard technical measures” means technical measures that are used by copyright owners to identify or protect copyrighted works and—

(A) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process;

(B) are available to any person on reasonable and nondiscriminatory terms; and

(j) Injunctions.—The following rules shall apply in the case of any application for an injunction under section 502 against a service provider that is not subject to monetary remedies under this section:

(1) Scope of relief.—(A) With respect to conduct other than that which qualifies for the limitation on remedies set forth in subsection (a), the court may grant injunctive relief with respect to a service provider only in one or more of the following forms:

(i) An order restraining the service provider from providing access to infringing material or activity residing at a particular online site on the provider’s system or network.

(ii) An order restraining the service provider from providing access to a subscriber or account holder of the service provider’s system or network who is engaging in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order.

(iii) Such other injunctive relief as the court may consider necessary to prevent or restrain infringement of copyrighted material specified in the order of the court at a particular online location, if such relief is the least burdensome to the service provider among the forms of relief comparably effective for that purpose.

(B) If the service provider qualifies for the limitation on remedies described in subsection (a), the court may only grant injunctive relief in one or both of the following forms:

(i) An order restraining the service provider from providing access to a subscriber or account holder of the service provider’s system or network who is using the provider’s service to engage in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order.

(ii) An order restraining the service provider from providing access, by taking reasonable steps specified in the order to block access, to a specific, identified, online location outside the United States.

(2) Considerations.—The court, in considering the relevant criteria for injunctive relief under applicable law, shall consider—

(A) whether such an injunction, either alone or in combination with other such injunctions issued against the same service provider under this subsection, would significantly burden either the provider or the operation of the provider’s system or network;

(B) the magnitude of the harm likely to be suffered by the copyright owner in the digital network environment if steps are not taken to prevent or restrain the infringement;

(C) whether implementation of such an injunction would be technically feasible and effective, and would not interfere with access to noninfringing material at other online locations; and

(D) whether other less burdensome and comparably effective means of preventing or restraining access to the infringing material are available.

(3) Notice and ex parte orders.—Injunctive relief under this subsection shall be available only after notice to the service provider and an opportunity for the service provider to appear are provided, except for orders ensuring the preservation of evidence or other orders having no material adverse effect on the operation of the service provider’s communications network.

(k) Definitions.—

(1) Service provider.—(A) As used in subsection (a), the term “service provider” means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received.

(B) As used in this section, other than subsection (a), the term “service provider” means a provider of online services or network access, or the operator of facilities therefor, and includes an entity described in subparagraph (A).

(2) Monetary relief.—As used in this section, the term “monetary relief ” means damages, costs, attorneys’ fees, and any other form of monetary payment.

(l) Other Defenses Not Affected.—The failure of a service provider’s conduct to qualify for limitation of liability under this section shall not bear adversely upon the consideration of a defense by the service provider that the service provider’s conduct is not infringing under this title or any other defense.

(m) Protection of Privacy.—Nothing in this section shall be construed to condition the applicability of subsections (a) through (d) on—

(1) a service provider monitoring its service or affirmatively seeking facts indicating infringing activity, except to the extent consistent with a standard technical measure complying with the provisions of subsection (i); or

(2) a service provider gaining access to, removing, or disabling access to material in cases in which such conduct is prohibited by law.

(n) Construction.—Subsections (a), (b), (c), and (d) describe separate and distinct functions for purposes of applying this section. Whether a service provider qualifies for the limitation on liability in any one of those subsections shall be based solely on the criteria in that subsection, and shall not affect a determination of whether that service provider qualifies for the limitations on liability under any other such subsection.

Terms of Use

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 18 years old and a resident of the United States to register for and/or use

the Service.

If you are a user who accesses this Service, you will fill out an order form and enter

personalized information which includes your name, date of birth, address, billing address,

shipping address, doctors professional contact information as well as phone numbers and

emails in order to utilize the Service and to receive messages from the Company. You agree to

notify us immediately of any unauthorized use of your account. The Company will not be

responsible for any liabilities, losses, or damages arising out of the unauthorized use of your

member name, password and/or account.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, posting and conduct

restrictions:

You agree that you will not under any circumstances:

access the Service for any reason other than your personal, non-commercial use solely as

permitted by the normal functionality of the Service,

collect or harvest any personal data of any user of the Site or the Service
use the Site or the Service for the solicitation of business in the course of trade or in

connection with a commercial enterprise;

distribute any part or parts of the Site or the Service without our explicit written permission

(we grant the operators of public search engines permission to use spiders to copy materials

from the site for the sole purpose of creating publicly-available searchable indices but retain the

right to revoke this permission at any time on a general or specific basis);

use the Service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
intentionally allow another user to access your account;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the Site, the Service or the related systems, or take any action

that we deem to impose or to potentially impose an unreasonable or disproportionately large

load on our servers or network infrastructure;

bypass any robot exclusion headers or other measures we take to restrict access to the

Service, or use any software, technology, or device to scrape, spider, or crawl the Service or

harvest or manipulate data;

circumvent, disable or otherwise interfere with any security-related features of the Service or

features that prevent or restrict use or copying of content, or enforce limitations on use of the

Service or the content accessible via the Service; or

publish or link to malicious content of any sort, including that intended to damage or disrupt

another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to provide; name, date of

birth, address, billing address, shipping address, doctors professional contact information as

well as phone numbers and emails (“User Content”) to the Service. You are solely responsible

for the User Content that you post, upload, link to or otherwise make available via the Service.

You agree that we are only acting as a passive conduit for your online distribution and

publication of your User Content. The Company, however, reserves the right to remove any

User Content from the Service at its sole discretion.

We grant you permission to use and access the Service, subject to the following express

conditions surrounding User Content. You agree that failure to adhere to any of these conditions

constitutes a material breach of these Terms.

By transmitting and submitting any User Content while using the Service, you agree as follows:

You are solely responsible for your account and the activity that occurs while signed in to or

while using your account;

You will not post information that is malicious, libelous, false or inaccurate;
You will not post any information that is abusive, threatening, obscene, defamatory, libelous,

or racially, sexually, religiously, or otherwise objectionable and offensive;

You retain all ownership rights in your User Content but you are required to grant the

following rights to the Site and to users of the Service as set forth more fully under the “License

Grant” and “Intellectual Property” provisions below: When you upload or post User Content to

the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free,

transferable license to use, reproduce, distribute, prepare derivative works of, display, and

perform that Content in connection with the provision of the Service; and you grant to each user

of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content

through the Service, and to use, reproduce, distribute, prepare derivative works of, display and

perform such Content to the extent permitted by the Service and under these Terms of Use;

You will not submit content that is copyrighted or subject to third party proprietary rights,

including privacy, publicity, trade secret, or others, unless you are the owner of such rights or

have the appropriate permission from their rightful owner to specifically submit such content;

and

You hereby agree that we have the right to determine whether your User Content

submissions are appropriate and comply with these Terms of Service, remove any and/or all of

your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of

any User Content that you make available or access through your use of the Service is solely

your responsibility. The Site is not responsible for any public display or misuse of your User

Content.

The Site does not, and cannot, pre-screen or monitor all User Content. However, at our

discretion, we, or technology we employ, may monitor and/or record your interactions with the

Service or with other Users.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the

Service, but not directly by the Site, are those of their respective authors, and should not

necessarily be relied upon. Such authors are solely responsible for such content.

CONTENT

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or

the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability

of any opinion, advice, or statement made by other parties. We take no responsibility and

assume no liability for any User Content that you or any other user or third party posts or sends

via the Service. Under no circumstances will we be responsible for any loss or damage resulting

from anyone’s reliance on information or other content posted on the Service, or transmitted to

users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is

inaccurate or objectionable when you use or access the Site or the Service. We reserve the right,

but have no obligation, to monitor the materials posted in the public areas of the Site or the

Service or to limit or deny a user’s access to the Service or take other appropriate action if 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. [E-mails sent

between you and other participants that are not readily accessible to the general public will be

treated by us as private to the extent required by applicable law.] The Company shall have the

right to remove any material that in its sole opinion violates, or is alleged to violate, the law or

this agreement or which might be offensive, or that might violate the rights, harm, or threaten

the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution

under Federal, State and local law. If you become aware of a misuse of our Service or violation

of these Terms of Use, please contact us at Info@MyEYES.net.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s)

(“Third Party Sites”) as well as content or items belonging to or originating from third parties

(the “Third Party Applications, Software or Content”). These links are provided as a courtesy to

Service subscribers or site users. We have no control over Third Party Sites or Third Party

Applications, Software or Content or the promotions, materials, information, goods or services

available on these Third Party Sites or Third Party Applications, Software or Content. Such

Third Party Sites and Third Party Applications, Software or Content are not investigated,

monitored or checked for accuracy, appropriateness, or completeness, and we are not

responsible for any Third Party Sites accessed through the Site or any Third Party Applications,

Software or Content posted on, available through or installed from the Site, including the

content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or

contained in the Third Party Sites or the Third Party Applications, Software or Content.

Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third

Party Applications, Software or Content does not imply our approval or endorsement. If you

decide to leave the Site and access the Third Party Sites or to use or install any Third Party

Applications, Software or Content, you do so at your own risk and you should be aware that

our terms and policies, including these Terms of Use, no longer govern. You should review the

applicable terms and policies, including privacy and data gathering practices, of any Third

Party Site to which you navigate from the Site or relating to any applications you use or install

from the Third Party Site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of

others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States

appropriate circumstances of users of the Service who are repeat infringers. We may terminate

access for participants or users who are found repeatedly to provide or post protected third

party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in

good faith, that any materials provided on the Service infringe upon your copyrights, you may

submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512)

(“DMCA”) by sending the following information in writing to the our designated copyright

agent at info@myeyes.northsupport.co.za:

The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the

owner of an exclusive right that is allegedly infringed;

A description of the copyrighted work claimed to have been infringed, or, if multiple

copyrighted works at a single online site are covered by a single notification, a

representative list of such works at that site;

A description of the material that is claimed to be infringing or to be the subject of

infringing activity and information sufficient to enable us to locate such work;

Information reasonably sufficient to permit the service provider to contact you, such

as an address, telephone number, and/or email address;

A statement that you have 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

A statement that the information in the notification is accurate, and under penalty of

perjury, that you are authorized to act on behalf of the owner of an exclusive right that

is allegedly infringed.

is not infringing, or that you have the authorization from the copyright owner, the copyright

owner’s agent, or pursuant to the law, to post and use the content in your User Content, you

may send a counter-notice containing the following information to our copyright agent using

the contact information set forth above:

Your physical or electronic signature;
A description of the content that has been removed and the location at which the

content appeared before it was removed;

A statement that you have a good faith belief that the content was removed as a

result of mistake or a misidentification of the content; and

Your name, address, telephone number, and email address, a statement that you

consent to the jurisdiction of the federal court in the State of Utah and a statement that

you will accept service of process from the person who provided notification of the

alleged infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice

to the original complaining party informing such person that it may reinstate the removed

content in ten (10) business days. Unless the copyright owner files an action seeking a court

order against the content provider, member or user, the removed content may (in our sole

discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after

receipt of the counter-notice.

LICENSE GRANT

By posting or utilizing any User Content via the Service, you expressly grant, and you represent

and warrant that you have a right to grant, to the Company a royalty-free, sublicensable,

transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify,

publish, list information regarding, edit, translate, distribute, publicly perform, publicly display,

and make derivative works of all such User Content and your name, voice, and/or likeness as

contained in your User Content, if applicable, in whole or in part, and in any form, media or

technology, whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual

property rights of any kind related to the Service, including applicable copyrights, trademarks

and other proprietary rights. Other product and company names that are mentioned on the

Service may be trademarks of their respective owners. We reserve all rights that are not

expressly granted to you under these Terms of Use.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute

legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in

any situation where legal notice is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic

form via the email address you have submitted; and (b) agree that all Terms of Use, agreements,

notices, disclosures, and other communications that we provide to you electronically satisfy any

legal requirement that such communications would satisfy if it were in writing. The foregoing

does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about

the Site or the Service and special offers. You may opt out of such email by changing your

account settings, using the “Unsubscribe” link in the message, or by sending an email to

info@myeyes.northsupport.co.za. Opting out may prevent you from receiving messages regarding the Site, the

Service or special offers.

WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT

LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER

EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT

LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT

LIMITATION OF LIABILITY & INDEMNIFICATION

“YOU” expressly understand and agree that MyEYES and its subsidiaries, affiliates, officers, employees, agents, partners and licencors shall NOT BE LIABLE TO YOU FOR ANY DIRECT, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (event if MyEYES has been advised of the possibility of such damages), resulting from: (i) The use of the inability to use the services; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third part on the services; or (iv) any other matter relating to the services. You also agree to defend, indemnify, and hold harmless MyEYES and its affiliates, and their employees, officers, directors, contractors, agents, licencors and suppliers, from all liabilities , losses, damages, claims, costs and expenses, including reasonable attorney’s fees, that arise from (i) use or misuse of the Services by you or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Services, or (iii) any other activity related to your account (including negligent or wrongful conduct.) MyEYES reserves the right, at its own expense, to assume the exclusive defense and control any matter otherwise subject to defense by you, in which event you will cooperate with MyEYES and its’ counsel in the conduct of such defense. NO agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions set forth here.

LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT

ACCESS TO OR OPERATION OF THE SERVICE 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 THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT

PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE

SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR

PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR

ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,

HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF

YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE

SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE

AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER

OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING

NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE

BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY

SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME

JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS

PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with MyEYES LLC, iCare USA, or any other related entities, you release

us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims,

demands and damages (actual and consequential) of every kind and nature, known and

unknown, arising out of or in any way connected with such disputes.

If you are a California resident using the Service, you may specifically waive California Civil

Code §1542, which says: “A general release does not extend to claims which the creditor does

not know or suspect to exist in his favor at the time of executing the release, which if known by

him must have materially affected his settlement with the debtor.”

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. It is your sole responsibility to check the Site from time to time to

view any such changes in this agreement. Your continued use of the Site or the Service signifies

your agreement to our revisions to these Terms of Use. We will endeavor to notify you of

material changes to the Terms by posting a notice on our homepage and/or sending an email to

the email address you provided to us upon registration. For this additional reason, you should

keep your contact and profile information current. Any changes to these Terms (other than as

set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective

except in a written agreement bearing the physical signature of one of our officers. No

purported waiver or modification of this agreement on our part via telephonic or email

communications shall be valid.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that

portion of the agreement will be construed as to be consistent with applicable law while the

remaining portions of the agreement will remain in full force and effect. Any failure on our part

to enforce any provision of this agreement will not be considered a waiver of our right to

enforce such provision. Our rights under this agreement survive any transfer or termination of

this agreement.

You agree that any cause of action related to or arising out of your relationship with the

Company must commence within ONE year after the cause of action accrues. Otherwise, such

cause of action is permanently barred.

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 Utah, without regard to conflict of law provisions.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part,

to any person or entity at any time with or without your consent. You may not assign or

delegate any rights or obligations under the Terms of Service or Privacy Policy without our

prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND

THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU

FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE

AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT

SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY

OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF

THIS AGREEMENT