Terms of Service

These Terms of Service (“Terms”) apply to your use of the EyecareSearch.com website and any subdomains (the “Site”), and any related applications, online services, or mobile applications (collectively, the “Services”) offered by Bull Flag, LLC (“EyecareSearch,” “Company,” “we,” “us,” or “our”). These Terms, together with our Privacy Policy (collectively, this “Agreement”), govern your use of the Services. Please read these Terms carefully and in their entirety, as they include important information about your legal rights, remedies, and obligations. By accessing and using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

This Agreement applies to any registered or non-registered user of the Services (“User”) including any provider of healthcare, healthcare-related, or other services using the Services in connection with a healthcare-related practice or other organization (“Provider”).

PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH MAY, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST COMPANY ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

License

Subject to your complete and ongoing compliance with these Terms, EyecareSearch grants you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Services. We reserve all rights not expressly granted to you by these Terms. You are solely responsible (and we have no responsibility to you or to any third party) for any breach of your obligations under this Agreement or for any consequences (including any loss or damage, whether direct or indirect) which you or third parties may suffer as a result of any such breach.

Permitted Users

As a condition of your use of the Services, you represent and warrant that you are at least the legal age of majority where you reside and you have the legal authority to enter into this Agreement. If you are the parent, legal guardian, or duly authorized personal representative of an individual, you may use the Services on behalf of this individual. If you are accessing the Services on behalf of an individual, you represent and warrant that you have the appropriate legal authority to act on that individual’s behalf. If you are using the Services on behalf of an entity, you represent and warrant that you are duly authorized to act on behalf of the entity and to accept this Agreement on behalf of the entity. By accessing or using the Services, you represent and warrant that you have not been barred from using the Services under all applicable laws, and that you have not been permanently suspended or otherwise removed from the Services. The Services are based in the United States. EyecareSearch makes no representation that any aspect of the Services is appropriate or available for use outside of the United States. EyecareSearch does not offer the Services to any resident of the European Union and no information of a resident of the European Union shall be entered into the Services. Those who access the Services from other locations are responsible for compliance with applicable local laws. The Services may be subject to applicable export laws and restrictions.

Registering for the Services

Portions of the Services are viewable and accessible to the public without registering with us (“Public Areas”). Users may choose to register with us to access additional parts of the Services (an “Account”). An Account is required to access portions of the Services that require us to process certain types of personal information. When creating an Account, you must provide only true, current, complete, and accurate information. You may be required to select an Account name to identify yourself to EyecareSearch as part of the registration process. You understand and acknowledge that you may be subject to reasonable Account verification required by us or our third-party service providers.

Accounts

Each Account shall be for the use of one individual or entity. You are responsible for all activities conducted through your Account. You shall be solely responsible for providing an Account password and maintaining its confidentiality. You shall be responsible for any harm resulting from your disclosing of Account credentials to any third party. At no time should you respond to an online request for a password other than through the log-on process for the Services. You have an affirmative duty to notify EyecareSearch in the event that you suspect your Account credentials have been compromised in any way and agree to immediately take all commercially reasonable steps to secure your Account.

Text Messaging (SMS) Communications

EyecareSearch may send you text messages ("SMS") if you provide us with your mobile phone number and request or consent to receive them. This includes one-time verification codes sent when you choose to verify your identity by text while claiming or managing a Provider Profile, and may also include other account-, service-, or listing-related messages and, where you separately opt in, messages about offers, promotions, and other information from EyecareSearch.

Message frequency varies. For listing-claim verification, you should generally expect one verification code message per claim attempt. Other account, service, and (where applicable) promotional messages may recur from time to time. Message and data rates may apply. Consenting to receive text messages is not required to use the Services; where text verification is offered, you may instead choose an alternative method, such as a phone call.

Reply HELP to any text message for assistance, or contact us at support@eyecaresearch.com. Reply STOP to any text message at any time to opt out of receiving further text messages from us; you may receive one final message confirming your opt-out.

Carriers are not liable for delayed or undelivered messages. Not all mobile devices or carriers may be supported. Your mobile phone number and text-message opt-in consent will not be shared with third parties or affiliates for marketing or promotional purposes. For more information about how we collect, use, and share your information, see our Privacy Policy.

Services

Purpose of the Services

The Services are provided for general informational purposes only. The Services will allow a User to readily search for, and connect with, a Provider. Users will be able to narrow search results by a variety of tools and a proprietary matching algorithm to find a Provider that may meet their specific needs. The Services may also include additional information, text, links, graphics, photos, videos, audio, streams, or other materials created by us, Providers, or third parties (“Content”) available in a Public Area. Providers will create Content that is a profile for search to be published in a Public Area (“Provider Profile”) that may include information about education, licensure, services offered, insurance accepted, and eyewear brands carried. The Content in Public Areas cannot and shall not be construed as medical or professional advice or the practice of medicine or any other healthcare service. All Content in EyecareSearch, whether accessible in a Public Area or not, is not intended to be a substitute for medical or professional advice, diagnosis, or eye care. Users should always seek the advice of a physician, licensed provider, or other qualified health provider with any questions regarding any eye health or medical symptoms or conditions. Never disregard professional medical advice or delay in seeking an eye examination or care for any condition, actual or suspected, because of something you have read or seen on the Services. EyecareSearch does not recommend or endorse any specific tests, products, procedures, eyewear, lenses, individual providers or facilities, opinions, or other information that may be mentioned, written about, or featured on the site. Accessing or using the Services does not create a Provider-Patient relationship. We cannot guarantee that anyone you contact via the Services will respond to you within a certain period of time or at all, or that you will form a Provider-Patient relationship with any Provider on the Site.

Modification and Interruption of the Services

We may add, modify, suspend, or eliminate aspects, features, or functionality of the Services from time to time for the purposes of compliance with applicable laws and regulations, to effect improvements in security or functionality, to correct errors, for other commercially reasonable purposes, or for any or no reason at all. EyecareSearch may on occasion need to interrupt the Services with or without prior notice to protect the integrity or functionality of the Services. EyecareSearch will not be liable for any interruption of the Services (whether intentional or not), and you will not be entitled to any refunds of fees or other compensation for an interruption of Services.

User Conduct and Responsibilities

As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Additionally, you agree, without limitation, not to:

• enable any person or entity not so authorized by us to use or access the Services;
• use the Services for another party or as otherwise prohibited herein;
• transfer your Account or the Services to anyone else;
• attempt to scrape, copy, or otherwise create derivative works of the Services;
• attempt to translate, disassemble, decompile, reverse assemble, reverse engineer all or any part of the Services or otherwise attempt to derive the source code for the Services;
• access (or attempt to access) the Site or Services by any means other than through the interface that is provided by us;
• attempt to probe, scan, breach, hack, or gain unauthorized access to, interfere with, damage, disrupt, impair, or circumvent any of the security features of any part of the Services and any underlying infrastructure;
• interfere with site operations (including, but not limited to, DDoS attacks, mailbombing, or any other form of malicious operation);
• send any harassing, disparaging, or unwanted communications to individuals or entities you have contacted or obtained contact information for through the Services;
• send unsolicited promotions, advertisements, or other queries not directed about the services offered by Providers; or
• use the Site in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries or through infringement, misappropriation, or violation of any of the intellectual property rights of or the privacy or publicity rights of third parties, including other users of the Services).

Content

We reserve all rights to all materials on the Services, including, without limitation, written content, graphical and design elements (including the Services’ “look and feel”), and service marks and trademarks. The Services may contain Content submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for, and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content. By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. The burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damages, claims, or losses resulting from any infringement of copyrights, proprietary rights, other intellectual property right, or any other harm resulting from Your Content, and hereby agree to indemnify, defend, and hold harmless EyecareSearch, its agents, officers, and assigns for any such actions. Because you alone are responsible for Your Content, you may expose yourself to liability if you submit Content without all necessary rights. You retain any ownership rights you have in Your Content, but you grant EyecareSearch the following license to use that Content:

When Your Content is submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content (in whole or in part) and any name, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

By submitting Your Content to the Services, you agree not to republish Your Content anywhere else, and in any format whether print or electronic, unless EyecareSearch declines to publish Your Content and has provided a written notice of rejection. You acknowledge that if Your Content is published in any other format, EyecareSearch may, at its sole discretion, remove Your Content from the Services without notice or other obligation to you.

Editorial Control and Reliance on Content

We make the Services available as a service to Users for the purposes of providing an informative and educational resource. We may, but have no obligation to, have Content posted through the Services reviewed by our editorial personnel. It is important to note, however, that the timeliness, accuracy, and completeness of any or all such information is not guaranteed. Neither the authors, editorial personnel, nor any other party involved in the preparation or publication of Content through the Services can assure you that the information contained herein is in every respect accurate or complete, and we and they are not responsible for any errors or omissions or for the results obtained from the use of such information. You acknowledge and agree that EyecareSearch has the right and ability, but not the obligation, to modify formatting or titles, or make any other change it deems necessary in its sole discretion, to Your Content prior to it being published in the Services.

Users are responsible for independently verifying anything found on the site; reliance on information provided by any agent of EyecareSearch or Bull Flag, or any third party (including Providers), is solely at your own risk. You are encouraged to independently confirm the information provided through the Services with other sources and to seek the advice of a qualified Service Provider. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including Providers, are those of the respective author(s) and not of EyecareSearch. Under no circumstances will EyecareSearch be liable for any harm, loss, or damage caused by a User’s reliance on information obtained through the Services.

Prohibited Content

You may not upload, post, publish, or otherwise make available, in your Provider Profile, Your Content or anywhere else in the Services, any content not allowed by the Terms (“Prohibited Content”), including any content that:

• is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right;
• is false, misleading, inaccurate, malicious, harmful, obscene, libelous, defamatory, threatening, harassing, abusive, hateful, or invasive of privacy or publicity rights (including content that depicts other individuals without their permission or appropriate license);
• violates or infringes in anyway upon the rights of others;
• encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
• interferes with other Users’ ability to use or enjoy the Services; or
• solicits participation in multi-level marketing opportunities, franchises, club memberships, distributorships, or any other activity that would require a monetary investment except for the healthcare and related services you offer on your Provider Profile.

Although we have no obligation to screen, edit, or monitor any Content within the Services, we may (in our sole discretion), delete, remove, or otherwise modify any Prohibited Content. We may, in our sole discretion, terminate your Account and permanently suspend you from accessing the Services, for violations of Prohibited Content. We shall have no further obligation to you in the event of such termination.

Third-Party Content

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of EyecareSearch. The Services may contain links to or otherwise support connections to third-party websites or other online services that are not owned or controlled by EyecareSearch. Portions of the Services may also be embedded within third-party websites. EyecareSearch is not responsible or liable for the content, policies, or practices of any third-party websites or online services. Please consult any applicable terms of use and privacy policies provided by the third party for such websites or online services. User use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any product or service advertised on EyecareSearch.

Legal Liability and Releases

Releases

You agree not to hold EyecareSearch liable for the content, actions, or inactions of other users of the Services or of other third parties. As a condition of access to the Services, you release EyecareSearch (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more other users of the Services or with other third parties, including whether or not EyecareSearch becomes involved in any resolution or attempted resolution of the dispute.

If you are a California resident, you waive California Civil Code Section 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Other Express and Implied Warranties

EyecareSearch PROVIDES THE SERVICES (INCLUDING WITHOUT LIMITATION ANY SOFTWARE, WEBSITES, SERVERS, ONLINE SERVICES, YOUR ACCOUNT, AND CONTENT) STRICTLY ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY SERVICES OR CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR CONTENT OR ANY EXPENDITURE ON YOUR PART, EyecareSearch AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON EyecareSearch’S SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICES ON THIS BASIS. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONALITY MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

EyecareSearch engages in commercially reasonable efforts to protect the confidentiality, availability, and integrity of the Services, but it cannot guarantee continuous, error-free, secure, and virus-free operation at all times, and you understand that you shall not be entitled to refunds or other compensation based on EyecareSearch’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION OR ACCOUNT. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR THE SERVICES IN THE PRECEDING SIX (6) MONTHS TO THE EVENT THAT GAVE RISE TO SUCH CLAIM.

IN NO EVENT SHALL EyecareSearch OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE, OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), EyecareSearch SOFTWARE, WEBSITES, SERVERS, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION), OR THIS AGREEMENT, WHETHER OR NOT EyecareSearch MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you.

New Jersey Residents

Notwithstanding any term herein, if you are a resident of New Jersey this Agreement does not limit your rights or our obligations under any applicable statute or law to the contrary, including types and amounts of recovery; nor do they excuse us from any duty to avoid causing harm by means of gross negligence, recklessness, or intentional misconduct; nor do they disclaim our duty of care to our invitees; nor do they require you to defend and indemnify us in the event that any loss is caused by our negligence.

Indemnification

You (and any third party on whose behalf you operate an Account or activity on the Services) agree to indemnify, defend, and hold harmless EyecareSearch, its officers, directors, shareholders, employees, subsidiaries, and agents (collectively, “the Company Parties”) from any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with the following (whether resulting from your activities on the Services or those conducted on your behalf): (i) your access to or use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authority, or (v) any misrepresentation made by you. You agree that the Company Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Company Parties in connection therewith. You also agree to indemnify, defend, and hold harmless the Company Parties from and against any claims brought by third parties arising out of your use of the Services, your violation of these Terms, or the infringement by you or made under your Account, of any intellectual property or other right of any person or entity. You will cooperate as fully required by Company in the defense of any claim. The Company Parties reserve the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify the Company Parties. You shall not settle any dispute subject to your indemnification under these Terms without written consent from Company. You will not settle any claim without the prior written consent of Company.

Miscellaneous

Effective Date and Modifications

This Agreement may be revised or updated by Bull Flag from time to time in its sole discretion, and the most recent effective date is listed at the top under “Last Updated”. Where appropriate, Bull Flag will provide notice to you as provided in the Notice section below. By continuing to access or use the Services after the effective date of any such change, you agree to be bound by the modified Agreement.

Control

To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

Enforcement

The failure of EyecareSearch to enforce any provision or right as found in this Agreement will not constitute a waiver of such provision or right. No waiver by us of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Legal Relationship between You and EyecareSearch -- No Third-Party Beneficiaries

You acknowledge that your participation in the Services, including your creation or uploading of Your Content to the Services, does not make you an EyecareSearch employee or agent, and that you do not expect to be, and will not be, compensated by EyecareSearch for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement. There are no third-party beneficiaries, intended or implied, under this Agreement.

Governing Law

These Terms shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to its principles of conflicts of laws.

Dispute Resolution and Arbitration

In the event of a dispute between you and EyecareSearch, other than with respect to claims for injunctive relief, the dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Broward County, Florida. Notwithstanding the foregoing, either party may seek strictly injunctive or other non-monetary equitable relief to protect or enforce its Intellectual Property Rights in court. In the event that there is any dispute between you and EyecareSearch that is determined not to be subject to arbitration, exclusive jurisdiction and venue shall be in state or federal court in Broward County, Florida.

PURSUANT TO THIS AGREEMENT, YOU WAIVE ANY RIGHTS TO BRING, AND AGREE NOT TO PARTICIPATE IN, ANY CLASS ACTION, CONSOLIDATED, MULTI-DISTRICT OR COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Unless both you and EyecareSearch agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Force Majeure

Except for your obligation to pay fees for Services rendered, neither party will be liable for performance delays, underperformance, or for non-performance occasioned by events such as acts of God, war (whether declared or undeclared), terrorism or threats of terrorism, insurrection, riot, civil disturbance, national, state, or local emergencies, acts of public authorities, epidemic/pandemic, labor dispute, fire, casualty, natural disaster, power failure, or other circumstances whether of a like nature or not beyond the affected party’s reasonable control (“Force Majeure”). In the event of Force Majeure, the affected party shall send notice to the other party indicating those obligations, in whole or part, which cannot be performed as a result of Force Majeure, and the expected duration of the inability to perform. If Force Majeure exists for a period of 30 days or longer, you may elect to terminate the Agreement. In the event you elect to terminate the Agreement, the Parties shall have no further obligation to each other except for payment obligations.

Integration, Interpretation of Section Headings, and Severability

This Agreement (including anything incorporated by reference) sets forth the entire agreement and understanding between you and Bull Flag with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. This Agreement may not be modified except by mutual written agreement between you and Bull Flag that is signed by a duly authorized representative of both parties and expressly references amendment of this Agreement. No other written, oral, or electronic communications will modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement.

The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

Termination

Termination by You

You may terminate this Agreement by closing your Account at any time for any reason. EyecareSearch shall have no further obligation or liability to you under this Agreement or otherwise, except as required by law.

Termination by EyecareSearch

EyecareSearch may suspend or terminate your Account for breach if you violate this Agreement or any other policies posted on the Services. Upon termination, you will remain liable for any unpaid amounts owed by you to EyecareSearch.

We may suspend or terminate your Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of EyecareSearch or any third party. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge EyecareSearch will have no liability to you in connection with such suspension or termination. We may also cancel or suspend your Account for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension.

Upon termination of your Account, all licenses granted by EyecareSearch to use the Services will automatically terminate.

Notice

EyecareSearch may provide notice to you and obtain consent from you (1) through the Services; (2) by electronic mail at the electronic mail address associated with your Account; and/or (3) by written mail communication to you at the address associated with your Account.

Please direct all notices, questions, or concerns regarding this Agreement or the Services to us at support@EyecareSearch.com, or by mail to:

DMCA Policy

Generally

Bull Flag will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). Bull Flag’s designated Copyright Agent is registered with the United States Copyright Office under registration number DMCA-1078831. The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

Filing a Notification

A written notification must be made. This can be sent by email, or by written letter (regular mail or courier). The notification must:

• Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
• Identify the item that you claim is infringing on your copyright.
• Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
• Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and maintained by the Services is not authorized by the copyright owner, its agent, or by protection of law."
• Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
• Be legibly signed.

Please note: The DMCA provides that you may be liable for damages (including costs and attorney’s fees) if you falsely claim that an item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an object is protected by copyright laws.

Send the written document to the designated Copyright Agent at Copyright Compliance Department Bull Flag, llc:

Alternatively, email the document to support@EyecareSearch.com with DMCA NOTIFICATION in the subject line.

Filing a Counter-Notification

A written notification must be made. This can be sent by email, or by written letter (regular mail or courier).

• List the items that were removed by Bull Flag.
• Provide your name, address, telephone number, email address (if available).
• State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or the Southern District of Florida if your address is outside of the United States).
• State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
• State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
• Sign the paper.

Send the written document to the designated Copyright Agent at Bull Flag:

Alternatively, email the document to support@EyecareSearch.com with DMCA COUNTER-NOTIFICATION in the subject line.