Terms & Conditions of Use

1. ACCEPTANCE OF THE TERMS

These Terms and Conditions of Use (“Terms of Use”) apply to the use of our websites ("Site") located at www.eyereports.biz or eyereports.biz and the documents, software and spreadsheets offered through the Site.

The terms and conditions below govern the relationship between Stephen Rosenbaum ("Owner") and you (herein referred to as "User" or “You”). By accessing and using any part of the Site, you agree to be bound and abide by the terms and conditions in this section. If you are not agreeing to all or part of the terms and conditions described below, please do not access or use the Site in any way.

With purchasing and downloading any product available through the Site you agree to be bound by the terms and conditions regulating the usage of the product which are available further down (see Purchasing User License).

The Owner reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. The User agrees to regularly review these Terms of Use and be aware of the changes made. By continuing to use the Site after any posted revision, the User agrees to abide by it.

The purchaser understands that the Site and Owner are a Certified Partner of OfficeMate, providing an independent product and otherwise not affiliated with OfficeMate® Software Solutions, eyefinity®, VSP® or VSP Global® and that OfficeMate® is a registered trademark of OfficeMate Software Solutions, Inc.

2. COPYRIGHT NOTICE

eyereports.biz is a marketing platform and it and Owner legally distribute pre-designed reports, pre-formatted Excel™ macro-enabled worksheets and pre-designed SQL statements ("Software"), and additionally provides you with access to a variety of resources, such as the software, tools, download areas, demos, product information, blog articles, support areas and comment areas, etc. herein referred to as "Services".

The entire content and materials published on the Site (including, but not limited to all included text, graphics, design, illustrations, images, associated media, printed materials, online documentation, code and/or software) and other matters related to and available on the Site are protected under domestic and international copyright and trademark laws and/or other proprietary (including but not limited to intellectual property) law.

No part of the Site or the downloaded Software may be modified, copied, publicly displayed, performed, reproduced, published, licensed, uploaded, posted, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website without a prior written consent from the Owner, except one (1) copy of the most current Software with data may be copied to a backup site as a backup copy only..

The User can use the information posted at the Site for informational purpose only. The content and the services cannot be used in any other way without a prior written consent from the Owner.

All Software offered is copyrighted; the use of the Software is governed by the terms described in sectiom 5 of these Terms & Conditions.

3. USE OF THE SITE

You may not use any of the pages of the Site in any way that will allow you to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not use the Site in any manner that could damage, disable, overburden, or impair the Owner's servers, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the Services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. User may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other User of the Owner, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Owner or others, or use the Site in any way that may infringe, damage, endanger the Owner's reputation, or any other users experience from using the Site.

4. INTERACTIVE SERVICES

Through the Site you may have access to demo areas and pages, comment boards, web forums or other services that enable you to send or post materials online.

By using those areas, you agree that will not submit, publish, or display information that contains:

4.1. (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person or the Owner; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

4.2. illegal submission or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

4.3. infringements or violations of any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;

4.4. commercial, business-related or advertising materials or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

4.5. a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site; or

4.6. (a) antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

The Owner cannot and does not assure that users are or will be complying with the foregoing terms or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. In no circumstances the Owner could be responsible or such materials and disclame any liability for not compliance the foregoing terms.

The Owner reserves the right to remove any materials posted on the Site by the Users under its own consideration and at any time and any reason.

Some of the pages (not only demo pages) of the site may include questions, surveys, etc. This is only to show the user how the software works and the user will not consider them as actual events, except in case the Owner is directly involved in (product announcements, surveys, upcoming events the Owner will attend, etc.) The User is solely responsible for their action regarding such events. The Owner will not be liable for any delusion or confusion arising from it.

5. USE OF THE SOFTWARE

IMPORTANT! When purchasing any software from us you agree to be bound by the terms in this section.

5.1. Purchasing User License

You may download and use the Software on any computer in a Location that shares the same database ("Location"). You cannot modify the Software, SQL code; remove proprietary notices and labels contained in the software. You may not distribute the Software in any way.

You shall not:

a. assign, sublicense, transfer, pledge, lease, rent, or share your rights.

b. reproduce, distribute, sublicense, disclose, market, rent, lease, remote computing services, networking or transfer the Software in other way that is not permitted by these terms and conditions.

c. reverse engineer, decompile, or disassemble the Software

d. authorize any portion of the Software to be copied to another individual or entity

e. remove any proprietary notices from the Software or modify the Software

f. use the Software in violation of any applicable law, regulation or ordinance.

g. except within the authorized Location, digitally transmit or make available the Software or its code or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Software onto a server so that it is accessible via a pubic network such as the Internet; use the Software in any way that violates these terms and conditions or any law; or authorize or assist any third party to do any of the things described in this section.

5.2. License Fees

Annual licenses are contingent upon the payment of license fees charged during the purchasing process. If your payment of license fees is canceled or denied, this license will terminate and you must immediately delete all copies of the Software. You are responsible for payment of any sales; value added, excise, or other taxes or duties that may be imposed upon or with respect to delivery, deployment, or use of the Software.

The Software is provided on "AS IS" basis. An additional fee will be due for any custom change that you may need notwithstanding of the paid license fees if such custom changes or modification are stipulated to be done by the Owner.

5.3. Warranty

The Owner will undertake reasonable efforts to correct any reported error in accordance with any terms and conditions of the support, provided by us. We guarantee that the Software will perform the functions described in the specification and the description of the Software.

5.4. Support and Upgrades

Free technical support is provided via email for one year from the date of entering this License Agreement. If you purchase all reports for the Package Sum annual fee, upgrades will be available as they become available and are uploaded to the Site. If you purchase single copies of the reports, report upgrades will be available with a 50% discount.

5.5. Refund Policy

BECAUSE A FULLY FUNCTIONAL REPORT THAT CAN BE USED FOR ONE YEAR IS DELIVERED TO USER, ALL SALES OF OWNER PRODUCTS ARE FINAL AND ARE NON-REFUNDABLE. BY COMPLETING YOUR PURCHASE OF ANY SOFTWARE OWNED BY THE OWNER THROUGH PAYPAL OR OTHER PAYMENT PROCESSING COMPANY, YOU AGREE THAT YOU ARE PURCHASING DIGITAL, NON-TANGIBLE GOODS AND AS SUCH ARE NOT ENTITLED TO A REFUND. In special circumstances we may offer a refund.

Prior to ordering, please, make sure you have carefully read and understood the product's system requirements and features. If you are not sure about product compatibility, or have questions about its features, please contact our Customer Support Center. All inquiries are free of charge. We only make exceptions with this rule when the product cannot be installed for some reason on a server or desktop that meets product requirements. Your refusal to permit Owner to install the software will void Your right to a refund. The deadline for any refund claim is one week after the date of purchase. Refunds are issued at the discretion of the Owner.

6. DISCLAIMER OF WARRANTIES

The Services, the Software and all information on the Site is provided on an “as is” and “as available” basis. The Owner does not provide warranties or representations of any kind. The Owner disclaims all such representations and warranties, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non infringement. The Owner makes no warranties that the Site, the Services and all information will be complete, accurate, uninterrupted, secure, or error free. All information on the Site may be changed without notice.

7. LIMITATION OF LIABILITY

In no event the Owner will be liable for (1) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Software or the Site, or any delay of it, even if the Owner or its representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the services, the Site or the data downloaded through the Site.

8. PROMOTIONAL MATERIALS

With purchasing a copy of our Software you agree to allow us to send you e-mails announcing new reports, support issues or suggestions, changes to reports, report suggested uses, or notices relating to using the reports in an ophthalmic practice. At any time you can unsubscribe to stop receiving such e-mails.

9. PRIVACY POLICY

The Owner's Privacy Policy is incorporated herein by reference and governs all collection, storage and usage of personal data. By accepting the terms and conditions in this section, the User expressly consents to the use and disclosure of his/her personally identifiable and other information as described in the Privacy Policy.

10. RESPONSIBILITY OF THE USER

The User is responsible for providing and maintaining all equipment and Internet connections necessary to properly use the Site and/or the Software. We do not access, control, edit or screen any message or posting content transmitted using the Software or related Services; therefore, you are solely responsible for the receipt or transmission of any and all content using the Software as and when you use the Software.

11. GOVERNING LAW AND DISPUTE RESOLUTION

The User agrees that this Terms of Use shall be governed in all respects by the laws and courts of the State of California. The contracting parties agree that all disputes arising from and regarding the Terms of Use will be resolved by common efforts of the parties. In case that the common consent cannot be obtained, any claim or dispute the User may have against Owner must be resolved by the following, whereby the loser pays all legal fees, court costs and arbiter or mediator fees:

Mediation. In the event that the parties cannot by exercise of their best efforts resolve the dispute, they shall submit the dispute to Mediation. The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute. The invoking party shall give to the other party written notice of its decision to do so, including a description of the issues subject to the dispute and a proposed resolution thereof. Designated representatives of both parties shall attempt to resolve the dispute within 60 days after such notice. If those designated representatives cannot resolve the dispute, the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties, who shall act in good faith to resolve the dispute. If the dispute is not resolved within [time period] after such meeting, the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this Agreement.

Arbitration. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.

All documents, materials, and information in the possession of each party that are in any way relevant to the claim(s) or dispute(s) shall be made available to the other party for review and copying no later than 60 days after the notice of arbitration is served.

The arbitrator(s) shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

If any provision of this Terms of Use is held to be invalid or unenforceable, this Agreement shall be construed without such provision and the balance of the Agreement will remain in full force and effect. The failure by a party to exercise any right herein shall not operate as a waiver of such party's right to exercise such right or any other right in the future.

12. FORCE MAJEURE

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

13. ENTIRE AGREMENT

This Agreement constitutes the entire agreement of the parties and supercedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.

14. AMENDMENT

No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Owner and You.

15. SEVERABILITY

If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

16. WAIVER OF CONTRACTUAL RIGHT

Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

17. NOTICES

All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within 60 days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, confirmation copies must be sent by mail or hand delivery to the specified address. Either party may from time to time change its Notice Address by written notice to the other party.

Privacy Policy

The Owner insures that all personal information being voluntarily submitted in the processing of using the Site and the services will be kept strictly confidential and used "solely" by the Owner for marketing purposes and to enhance and improve the user online experience. We do not to share, rent, sell, or release this information to any individual, entity, or third party, for any reason, with exception as required by Law, Regulation, or Governmental Authority.

WHAT WE COLLECT

Different types of personally identifiable information are collected from the user by the Owner in order for the Owner to be able to provide its services. These includes, but is not limited to: name, mailing address, telephone numbers, email addresses and other information that may be needed for providing the services requested by the User. All this information is provided voluntarily by the User through various order forms, email messages sent to the Owner, submission forms.

The Owner does not collect or transmit sensitive information (such as a credit card number) over the internet; all information regarding credit card holder or credit card number, or other like is verifying and processing by third parties (PayPal or any other payment processing company) in order to process the credit card transaction. These third parties are not authorized to use your information for any reason other than to fulfill our service.

HOW WE USE THE COLLECTED INFORMATION

We use the collected information mainly to provide the service requested by the User. It is used for initial service provision and ongoing User's support. The information can also be used by the Owner for sending periodic emails announcing important service changes, new features and reports, technical issue updates and news, different promotions etc (we do not send SPAM). The Users may decide NOT to receive such emails by unsubscribing from our list at any time.