Terms Of Use

Welcome to OcularExpert.com website (the “Site”). Your use of the Site is contingent upon your acceptance of and compliance with these Terms and Conditions of Use and our Privacy Policy. These Terms and Conditions of use constitute a valid and binding agreement between OcularExpert, (“OcularExpert”; “Ocularexpert”;”us”; “we”) and you.  If you have any questions about these Terms and Conditions of use, please feel free to send us an e-mail through our “Contact Us” page.    The Terms and Conditions are applicable to your access and use of the Site, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, WE WILL NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD EXIT THIS SITE IMMEDIATELY.

INTELLECTUAL PROPERTY

The Site, its content, look-and-feel and functionality and all intellectual property rights embodied therein, including but not limited to patent rights, copyrights, trademarks, trade names and service marks, are owned or licensed by OcularExpert and/or its licensors (collectively, the “Intellectual Property”).  DayClips has many featuures that may have patent pending status.  These Terms and Conditions of Use do not and shall not be construed as transferring ownership rights of any description in the Site or any related Intellectual Property to you or to any Site user, visitor or other third party. You will not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify or create derivative works from any of the Intellectual Property, nor will you sell, resell or exploit for any commercial purpose the Site, any portion thereof or any use thereof or access thereto. We hereby grant to you a personal, revocable, nontransferable, nonexclusive, limited right to view and use the Site solely for your personal use. All of the trademarks, service marks and logos appearing on this Site are registered and unregistered trademarks of OcularExpert and/or other third parties. Nothing contained on the Site or in these Terms and Conditions of Use should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these marks or logos. All rights not expressly granted to you hereunder are expressly reserved and retained by OcularExpert.

LIMITATION OF LIABILITY.  NO WARRANTIES; INDEMNIFICATION

YOUR USE OF THE SITE AND/OR ANY AND ALL SERVICES OR FEATURES ON THE SITE IS ENTIRELY AT YOUR OWN RISK AND THE SITE AND ALL SERVICES AND FEATURES ARE PROVIDED “AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. OCULAREXPERT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE SITE.

You shall indemnify, defend and hold OcularExpert harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) (collectively, “Damages”) incurred or suffered by OcularExpert as a result of your use of the Site, your breach of any provision of these Terms and Conditions of Use and/or your acts or omissions. OcularExpert reserves the right to report any malfeasance which comes to its attention to the appropriate authorities.  Further, you hereby release OcularExpert and its employees, consultants, officers, directors, shareholders, agents, representatives, advisors, assigns and affiliates (collectively, the “OcularExpert”) from any and all Damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site and/or your use thereof, excluding only Damages to the extent directly arising out of OcularExpert gross negligence or misconduct. To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release.

IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: “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 EFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

In no event will OcularExpert total cumulative liability to you or any other party for Damages, if any, arising under these Terms and Conditions of Use or otherwise, exceed $25.00.  OcularExpert cannot and does not guarantee continuous uninterrupted or secure access to our Site or the products or services or features thereon. Operation of the Site may be subject to interference from numerous factors outside our control, including scheduled and preventative maintenance as well as required and emergency maintenance work.  OcularExpert won’t charge you a fee to use our website, but you could incur expenses from your Internet service provider when you access information online. Your Internet service provider may occasionally experience system failure, and hyperlinks may fail to function properly.  Further, OcularExpert does not control the actions of other users, visitors and/or linked third parties on the Site.  OcularExpert recommends that you securely backup all important information on a regular basis.  You are solely responsible at all times to backup your data and to be prepared to manage your data without access to the Site.

OCULAREXPERT WILL HAVE NO LIABILITY WHATSOEVER FOR THE UNAVAILABILITY OR INOPERABILITY OF THE SITE CAUSED BY THE ACTS OR OMISSIONS OF ANY THIRD PARTY OR OCULAREXPERT. OCULAREXPERT WILL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS OF DATA OR TRANSACTIONS INCURRED OR SUFFERED YOU OR ANY PARTY, WHETHER RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY OCULAREXPERT, ANY THIRD PARTY, INCLUDING ANY INTERNET SERVICE PROVIDER OR HOST, OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

In no event shall the Site, Users, advertisers, sponsors, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, and direct, special, indirect, punitive, incidental or consequential damages including, without limitation any loss or damages in the nature of or relating to lost business, bodily injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper service, or any other alleged loss incurred in connection with your use, misuse, or reliance upon the Site or the content of the Site, or your inability to use the Site, regardless of the cause and whether arising in contract (including fundamental breach), tort, (including negligence), or otherwise.  The foregoing limitation shall apply even if the Site knew of or ought to have known of the possibility of such damages.

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, including the Reviews, is at your sole risk. OcularExpert reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this User Agreement at any time.You acknowledge and agree that OcularExpert is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither OcularExpert nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.

PROFESSIONAL ADVICE EXCLUSION

The information provided on the Site is to be used for informational and entertainment purposes only and is not professional advice, nor is it intended to be a substitute thereof. Always seek the advice of a professional or other qualified and properly licensed expert in your area of interest concerning any questions you may have regarding any information obtained from this Site regarding any condition you believe may be relevant to you or to someone else. Never disregard professional advice or delay in seeking it because of something you have read on this Site. Always consult with a properly licensed expert independent of the Site or other qualified professional when considering any form of product, treatment, service, or decision that affects your health, financial status, business, or well-being. Information obtained on the Site is not exhaustive and does not cover all conditions, products, or services.  Do not use this Site for emergency situations.  OcularExpert does not establish a business relationship and does not generally recommend or endorse any specific product or service.

Our Site may contain educational information concerning health and safety, diet and nutrition advice, exercise and fitness, and information about treatments and drugs, including alternative medicines. This information is intended for you to use in discussions with your physician or other qualified health care provider. OcularExpert encourages you to print out the information contained in this section of our Site for discussion with your health care provider. Please note that health or nutrition-related content is for educational use only and is not a substitute for professional medical advice, diagnosis or treatment.  Unfortunately, OcularExpert cannot help you with individual medical questions. Always seek the advice of your physician or qualified health provider with any questions you may have regarding a medical condition.  Never disregard, avoid or delay in obtaining medical advice from your doctor or other healthcare professional because of something you have read on our Site.

OcularExpert follows a rigorous editorial process to ensure that health-related information in our Site is accurate and describes generally accepted clinical practices. If OcularExpert finds, or is alerted to an error, we will correct it as quickly as possible. If you notice an error contained in any health-related content on our Site, please notify us by sending an e-mail to support@DayClips.com.

PRODUCT SUPPLIERS

Suppliers of products and/or displayed on the Site may provide a timely and accurate calendar showing features of their product(s). Suppliers providing information about their products and/or services represents and warrants, when applicable, that he or she is licensed and work in accordance with lawful requirements and regulations.  Suppliers also warrant that he or she has not been listed by any regulatory agency as debarred, excluded, or otherwise ineligible for providing supplie(s) and/or services.  Suppliers agree to abide by laws and regulations, including HIPAA, and conduct his or her business in accordance with standard industry practices.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless OcularExpert and its Affiliates from and against any and all liability and costs incurred by OcularExpert or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. OcularExpert reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of OcularExpert.

CHANGES TO THE TERMS OF USE

OcularExpert may modify the Site, the products(s) and/or service(s) or featured or offered thereon and these Terms and Conditions of Use, including the Privacy Policy, at any time and from time to time by implementing the modifications and/or posting the amended Terms and Conditions of Use on the Site, as applicable. All modifications will be effective upon implementation and/or posting, as applicable. You are bound by the version of these Terms and Conditions of Use in effect on the date of any particular visit to the Site. OcularExpert may use reasonable efforts to post notices of any updates to these Terms and Conditions of Use on the Site.

LINKS

The Site contains links to third-party sites and OcularExpert has no control over any such sites. Links to other sites, if any, are provided solely as a convenience; OcularExpert neither endorses nor bears any responsibility for or control over any linked site or any other link contained therein. All statements by OcularExpert herein pertaining to the Site do not apply in any way to any links or any linked third-party sites. Once you leave this Site, our Terms and Conditions of Use, including the Privacy Policy, are no longer in effect; we encourage you to read the terms of use of each and every Site which you visit. Without OcularExpert express prior written consent, you may not implement a hypertext link to the Site from another site.

SITE INTEGRITY

You may not use any device, software or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information therefrom. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including “spam” or other such unsolicited mass e-mailings.

THIRD PARTY CONTENT

At OcularExpert’s sole option, at any time and from time to time, the Site may contain third party content, software and/or other information and any and all such third party materials are subject to and governed solely by that party’s respective Terms and Conditions of Use. OcularExpert bears no responsibility or liability for any such content or information or the acts or omissions of such third party.

COMPLIANCE WITH LAWS

You must comply with all applicable laws and regulations governing your access to and your use of the Site and any features, services or software thereon, including the sending and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with OcularExpert.  Use of OcularExpert is unauthorized where the Site or any of the content may violate any laws or regulations.

USER REVIEWS AND SUBMISSIONS

Any comments or information that you provide to OcularExpert, including any feedback or ideas submitted by you in response to a survey on or concerning the Site, commmentary about pertinent products or services (“Reviews”) or any other suggestions, concepts or other information provided by you (collectively, the “Submissions”) may be freely used by OcularExpert and you hereby grant OcularExpert a royalty-free, perpetual, irrevocable, worldwide, sublicenseable, transferable license to use, copy, reproduce, create derivative works from, adapt, modify, exploit, publish, edit, translate, sell, distribute, transmit, transfer and display Reviews or Submissions without limitation in any media or form now known or later developed. OcularExpert may sublicense its rights hereunder to third parties.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions of Use and any and all transactions and other activities on the Site will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. You hereby submit to the jurisdiction of the state and federal courts located in Los Angeles, California, which shall be the exclusive venue for any and all disputes or claims arising hereunder. Use of the Site is not authorized in any jurisdiction which does not give effect to these Terms and Conditions of Use.  OcularExpert is operated as an LLC.

SERVICE-RELATED ANNOUNCEMENTS

OcularExpert may send you service-related announcements when it is necessary to do so.  For instance, if our service is temporarily suspended for maintenance, we might send you an email.

UNAFFILIATED ENTRIES AND WEB SITES

Descriptions of, or references to, products(s), service(s), service providers, publications or sites not owned by OcularExpert or its affiliates, do not imply endorsement of that product, service, publication or site. OcularExpert attempts to review content displayed on the Site.  However, OcularExpert has not reviewed all material linked to the Site and is not responsible for the content of any such material, product(s), or service(s) on the Site. Your linking to any other site is at your own risk.

COPYRIGHT AND TRADEMARKS

All materials on the Site, including without limitation text, images, software, audio and video clips, databases, user product reviews and ratings, (collectively, the “Content”) are owned or controlled by OcularExpert or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof, including without limitation our product reviews and ratings and those product reviews and ratings posted by other subscribers, for any public and/or commercial use without the prior written permission of OcularExpert.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of OcularExpert or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of OcularExpert or the relevant Affiliate. In addition, you may not use our trademarks:

  • (a) in, as, or as part of, your own trademarks or those of any third parties;
  • (b) to identify products or services that are not those of OcularExpert;
  • (c) in a manner likely to cause confusion; or
  • (d) in a manner that implies that OcularExpert sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.

OCULAREXPERT, OCULAREXPERT REPORTS, and other related marks used on this site may be registered trademarks of OcularExpert in the United States and other countries.

PRODUCT/SERVICES REVIEWS AND RATINGS

OcularExpert may make available to users of the Site product reviews and ratings.  OcularExpert may also have available interactive communication to facilitate reviews of products and services submitted to the Site.  Submitters to the Site are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site.  OcularExpert and its Affiliates do not necessarily endorse or warrant suitability for any purpose whatsoever any specific product or service.  Submission of product or service to OcularExpert, by means of any form of any communication to the Site, means that you grant OcularExpert an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to OcularExpert. You hereby waive all rights generally known as “moral rights” in your Communications (including your Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.

You acknowledge and agree that any submission or public communication to OcularExpert are public. You acknowledge that you have no expectation of privacy in any submission or public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and OcularExpert by reason of your transmitting a public communication to OcularExpert.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OCULAREXPERT AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.

PRODUCT REVIEWS AND RATINGS

The OcularExpert.com Site may offer third-party product review and ratings.  Liability Disclaimer for Reviews: OcularExpert is not liable for any statements, representations, descriptions, comments, or opinions provided by users of Site or staff in Reviews posted on the Site. Reviews are displayed for entertainment and informational purposes only. OcularExpert cannot guarantee the accuracy, integrity, or quality of Reviews. Under no circumstances will OcularExpert or any third-party providers of the Review or Ratings be liable in any way for any Review, including, but not limited to, any errors or omissions in any Review, or any loss or damage of any kind incurred as a result of the use of the Ratings or the use of any content posted in a Review.  Once Reviews are submitted to the Site, OcularExpert may take any or no action with respect to such Reviews, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Reviews with no notice and at OcularExpert’s sole discretion.

USE OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL OCULAREXPERT OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR CU OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, EVEN IF OCULAREXPERT, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.

THE TOTAL LIABILITY OF OCULAREXPERT HEREUNDER IS LIMITED TO THE AMOUNT OF $25.00, IF ANY, ACTUALLY PAID BY YOU TO OCULAREXPERT. YOU HEREBY RELEASE STRATEDAY AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Notwithstanding anything to the contrary in this Agreement, OcularExpert reserves the right to investigate any misuse of the Ratings Tool, or its systems, equipment or network. OcularExpert reserves the right to screen, edit, modify, remove or disable access to any content that violates these provisions or that OcularExpert deems objectionable. OcularExpert reserves the right to screen Reviews for standard errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.). Without limitation of the foregoing, OcularExpert reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that OcularExpert suspects has violated any law or regulation. OcularExpert also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.

NOTICE OF COPYRIGHT INFRINGEMENT

We intend that all content provided on our Site respect the copyright and other proprietary rights of third parties. When Site visitors post content on our Site, of course, we are unable to monitor the copyright ownership of all posted content. If at any time you believe that any content on our Site infringes your copyrighted material, then you may request the content be removed from the Site in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures described below.

You must send a notice that complies with the Copyright Act, 17 U.S.C. §512(c)(3) (“Notice”) to the agent we have designated with the Copyright Office:

Manager of Operational Services
Telephone: (310) 453-0551
Email: Support@DayClips.com

To comply with the Copyright Act, your Notice must be in writing and must include:

  • (i) A physical or electronic signature of the 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 are covered by a single notification, a representative list of such works;
  • (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 us to locate the material;
  • (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • (v) 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
  • (vi) 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.

When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:

  • (i) A physical or electronic signature of the alleged infringer;
  • (ii) Identification of the material 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;
  • (iii) A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;
  • (iv) The alleged infringer’s name, address, and telephone number; and
  • (v) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.

Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.
Please note: the email address of our Designated Agent is intended specifically for the receipt of notices of claimed infringement under the Digital Millennium Copyright Act of 1998, 17 U.S.C. §512. It is not intended for the general inquiries and permission requests concerning the use of our content.

NO GUARANTED ACCESS

OCULAREXPERT DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION.

ACKNOWLEDGMENT AND AGREEMENT

If your computer communication is through your employer, your employer may own all electronic communication sent to that address.  If your computer communication is a family address, other family members may see electronic communication.  If you use an Internet service provider (ISP), there is a small risk that others may intercept electronic communication.  It is also important for you to know that office staff of a doctor, dentist, or office of another service provider, may read electronic communication you send to their office.

Your use of OcularExpert acknowledges that you have read and fully understand the Terms and Condition of Use and have read and consent to the Privacy Policy posted on OcularExpert.  Your acknowledge and understand the risks associated with communication by regular mail, telephone, or e-mail as outlined herein.  In addition, you agree to the instructions outlined herein, as well as any other instructions that OcularExpert may impose to communication by telephone, e-mail, text message, or regular mail.  You acknowledge that any questions regarding the use of OcularExpert have been answered to your satisfaction.  Any consent by OcularExpert to, or waiver of, a breach of the Terms and Conditions which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent.  Your use of OcularExpert acknowledges receipt of Terms and Condtions of Use, and you agree to be bound by its terms.

COMMUNICATIONS ON OR TO THE SITE

OcularExpert cannot review all submissions or public communications made on or through the Site. However, OcularExpert reserves the right, but has no obligation, to monitor submissions and edit, modify or delete any communications (or portions thereof) which OcularExpert in its sole discretion deems inappropriate, offensive or contrary to any OcularExpert policy, or that violate this Agreement.

To help OcularExpert maintain a safe and civil environment, you agree not to upload or distribute to, or otherwise publish through the Site any communication which

  • (i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
  • (ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
  • (iii) constitutes or contains false or misleading indications of origin or statements of fact;
  • (iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
  • (v) causes injury of any kind to any person or entity;
  • (vi) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
  • (vii) violates any applicable laws, rules, or regulations;
  • (viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • (ix) impersonates another person or entity, or that collects or uses any information about Site visitors.  You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site.

TERMINATION OF USER OR SUPPLIER OF PRODUCT(S) AND/OR SERVICE(S)

OcularExpert reserves the right to suspend or terminate your use of the Site for any or no reason at any time, and will not bear liability for such decision.  Termination by OcularExpert will be at the sole discretion of OcularExpert and may be done without prior notification to you.  Examples of reasons by OcularExpert for termination include, but are not limited to, illegal activity of the Site by User or Service Provider, non-use of the Site for an extended period by User or Service Provider, abuse of the Site by User or Service Provider, or for business reasons deemed necessary by OcularExpert.

MINORS’ PRIVACY POLICY

No person under the age of thirteen (13) years is allowed to use the Site. We will not knowingly collect information from anyone under the age of thirteen (13) years.

ENTIRE AGREEMENT

At all times, the then-current Terms and Conditions of Use constitute the entire agreement between OcularExpert and you with respect to your use of the Site, superseding any prior agreements, superseded postings of the Terms and Conditions of Use and all other prior or contemporaneous communications between OcularExpert and you. You acknowledge and agree that you may also be subject to additional terms and conditions when you use our Site. Please report any violations of these Terms and Conditions of Use including any alleged copyright infringements relating to the Site or any other matters to us as soon as possible.  In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.  The failure of OcularExpert to exercise its rights or enforce any provisions of this Agreement does not mean that OcularExpert waives those rights.

Welcome to OcularExpert.com website (the “Site”). Your use of the Site is contingent upon your acceptance of and compliance with these Terms and Conditions of Use and our Privacy Policy. These Terms and Conditions of use constitute a valid and binding agreement between OcularExpert, (“OcularExpert”; “Ocularexpert”;”us”; “we”) and you.  If you have any questions about these Terms and Conditions of use, please feel free to send us an e-mail through our “Contact Us” page.    The Terms and Conditions are applicable to your access and use of the Site, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code.IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, WE WILL NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD EXIT THIS SITE IMMEDIATELY.

1. INTELLECTUAL PROPERTYThe Site, its content, look-and-feel and functionality and all intellectual property rights embodied therein, including but not limited to patent rights, copyrights, trademarks, trade names and service marks, are owned or licensed by OcularExpert and/or its licensors (collectively, the “Intellectual Property”).  DayClips has many featuures that are patent pending.  These Terms and Conditions of Use do not and shall not be construed as transferring ownership rights of any description in the Site or any related Intellectual Property to you or to any Site user, visitor or other third party. You will not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify or create derivative works from any of the Intellectual Property, nor will you sell, resell or exploit for any commercial purpose the Site, any portion thereof or any use thereof or access thereto. We hereby grant to you a personal, revocable, nontransferable, nonexclusive, limited right to view and use the Site solely for your personal use. All of the trademarks, service marks and logos appearing on this Site are registered and unregistered trademarks of OcularExpert and or other third parties. Nothing contained on the Site or in these Terms and Conditions of Use should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these marks or logos. All rights not expressly granted to you hereunder are expressly reserved and retained by OcularExpert.

2. LIMITATION OF LIABILITY.  NO WARRANTIES; INDEMNIFICATION

YOUR USE OF THE SITE AND/OR ANY AND ALL SERVICES OR FEATURES ON THE SITE IS ENTIRELY AT YOUR OWN RISK AND THE SITE AND ALL SERVICES AND FEATURES ARE PROVIDED “AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. OCULAREXPERT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE SITE.

You shall indemnify, defend and hold OcularExpert harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) (collectively, “Damages”) incurred or suffered by OcularExpert as a result of your use of the Site, your breach of any provision of these Terms and Conditions of Use and/or your acts or omissions. OcularExpert reserves the right to report any malfeasance which comes to its attention to the appropriate authorities.  Further, you hereby release OcularExpert and its employees, consultants, officers, directors, shareholders, agents, representatives, advisors, assigns and affiliates (collectively, the “OcularExpert”) from any and all Damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site and/or your use thereof, excluding only Damages to the extent directly arising out of OcularExpert gross negligence or misconduct. To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release.

IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: “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 EFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

In no event will OcularExpert total cumulative liability to you or any other party for Damages, if any, arising under these Terms and Conditions of Use or otherwise exceed $25.00.  OcularExpert cannot and does not guarantee continuous uninterrupted or secure access to our Site or the products or services or features thereon. Operation of the Site may be subject to interference from numerous factors outside our control, including scheduled and preventative maintenance as well as required and emergency maintenance work.  OcularExpert won’t charge you a fee to use our website, but you could incur expenses from your internet service provider when you access information online. Your internet service provider may occasionally experience system failure, and hyperlinks may fail to function properly.  Further, OcularExpert does not control the actions of other users, visitors and/or linked third parties on the Site.  OcularExpert recommends that you securely backup all important information on a regular basis.  You are solely responsible at all times to backup your data and to be prepared to manage your data without access to the Site.

OCULAREXPERT WILL HAVE NO LIABILITY WHATSOEVER FOR THE UNAVAILABILITY OR INOPERABILITY OF THE SITE CAUSED BY THE ACTS OR OMISSIONS OF ANY THIRD PARTY OR OCULAREXPERT. OCULAREXPERT WILL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS OF DATA OR TRANSACTIONS INCURRED OR SUFFERED YOU OR ANY PARTY, WHETHER RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY OCULAREXPERT, ANY THIRD PARTY, INCLUDING ANY INTERNET SERVICE PROVIDER OR HOST, OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

In no event shall the Site, Users, advertisers, sponsors, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, and direct, special, indirect, punitive, incidental or consequential damages including, without limitation any loss or damages in the nature of or relating to lost business, bodily injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper service, or any other alleged loss incurred in connection with your use, misuse, or reliance upon the Site or the content of the Site, or your inability to use the Site, regardless of the cause and whether arising in contract (including fundamental breach), tort, (including negligence), or otherwise.  The foregoing limitation shall apply even if the Site knew of or ought to have known of the possibility of such damages.

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, including the Reviews, is at your sole risk. OcularExpert reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this User Agreement at any time.You acknowledge and agree that OcularExpert is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither OcularExpert nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.

3. PROFESSIONAL ADVICE EXCLUSION

The information provided on the Site is to be used for informational and entertainment purposes only and is not professional advice, nor is it intended to be a substitute thereof. Always seek the advice of a professional or other qualified and properly licensed expert in your area of interest concerning any questions you may have regarding any information obtained from this Site regarding any condition you believe may be relevant to you or to someone else. Never disregard professional advice or delay in seeking it because of something you have read on this Site. Always consult with a properly licensed expert independent of the Site or other qualified professional when considering any form of product, treatment, service, or decision that affects your health, financial status, business, or well-being. Information obtained on the Site is not exhaustive and does not cover all conditions, products, or services.  Do not use this Site for emergency situations.  OcularExpert does not establish a business relationship and does not generally recommend or endorse any specific product or service.

Our Site may contain educational information concerning health and safety, diet and nutrition advice, exercise and fitness, and information about treatments and drugs, including alternative medicines. This information is intended for you to use in discussions with your physician or other qualified health care provider. OcularExpert encourages you to print out the information contained in this section of our Site for discussion with your health care provider. Please note that health or nutrition-related content is for educational use only and is not a substitute for professional medical advice, diagnosis or treatment. Unfortunately, OcularExpert cannot help you with individual medical questions. Always seek the advice of your physician or qualified health provider with any questions you may have regarding a medical condition.Never disregard, avoid or delay in obtaining medical advice from your doctor or other healthcare professional because of something you have read on our Site.

OcularExpert follows a rigorous editorial process to ensure that health-related information in our Site is accurate and describes generally accepted clinical practices. If OcularExpert finds, or is alerted to an error, we will correct it as quickly as possible. If you notice an error contained in any health-related content on our Site, please notify us by sending an e-mail to support@DayClips.com.

4. PRODUCT SUPPLIERS

Suppliers of products and/or displayed on the Site may provide a timely and accurate calendar showing features of their product(s). Suppliers providing information about their products and/or services represents and warrants, when applicable, that he or she is licensed and work in accordance with lawful requirements and regulations.  Suppliers also warrant that he or she has not been listed by any regulatory agency as debarred, excluded, or otherwise ineligible for providing supplie(s) and/or services.  Suppliers agree to abide by laws and regulations, including HIPAA, and conduct his or her business in accordance with standard industry practices.

5. IDEMINIFICATION

You hereby agree to indemnify, defend and hold harmless OcularExpert and its Affiliates from and against any and all liability and costs incurred by OcularExpert or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. OcularExpert reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of OcularExpert.

6. CHANGES TO THE TERMS OF USE

OcularExpert may modify the Site, the products(s) and/or service(s) or featured or offered thereon and these Terms and Conditions of Use, including the Privacy Policy, at any time and from time to time by implementing the modifications and/or posting the amended Terms and Conditions of Use on the Site, as applicable. All modifications will be effective upon implementation and/or posting, as applicable. You are bound by the version of these Terms and Conditions of Use in effect on the date of any particular visit to the Site. OcularExpert may use reasonable efforts to post notices of any updates to these Terms and Conditions of Use on the Site.

7. LINKS

The Site contains links to third-party sites and OcularExpert has no control over any such sites. Links to other sites, if any, are provided solely as a convenience; OcularExpert neither endorses nor bears any responsibility for or control over any linked site or any other link contained therein. All statements by OcularExpert herein pertaining to the Site do not apply in any way to any links or any linked third-party sites. Once you leave this Site, our Terms and Conditions of Use, including the Privacy Policy, are no longer in effect; we encourage you to read the terms of use of each and every Site which you visit. Without OcularExpert express prior written consent, you may not implement a hypertext link to the Site from another site.

8. SITE INTEGRITY

You may not use any device, software or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information therefrom. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including “spam” or other such unsolicited mass e-mailings.

9. THIRD PARTY CONTENT

At OcularExpert’s sole option, at any time and from time to time, the Site may contain third party content, software and/or other information and any and all such third party materials are subject to and governed solely by that party’s respective Terms and Conditions of Use. OcularExpert bears no responsibility or liability for any such content or information or the acts or omissions of such third party.

10. COMPLIANCE WITH LAWS

You must comply with all applicable laws and regulations governing your access to and your use of the Site and any features, services or software thereon, including the sending and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with OcularExpert.  Use of OcularExpert is unauthorized where the Site or any of the content may violate any laws or regulations.

11. USER REVIEWS AND SUBMISSIONS

Any comments or information that you provide to OcularExpert, including any feedback or ideas submitted by you in response to a survey on or concerning the Site, commmentary about pertinent products or services (“Reviews”) or any other suggestions, concepts or other information provided by you (collectively, the “Submissions”) may be freely used by OcularExpert and you hereby grant OcularExpert a royalty-free, perpetual, irrevocable, worldwide, sublicenseable, transferable license to use, copy, reproduce, create derivative works from, adapt, modify, exploit, publish, edit, translate, sell, distribute, transmit, transfer and display Reviews or Submissions without limitation in any media or form now known or later developed. OcularExpert may sublicense its rights hereunder to third parties.

12. GOVERNING LAW AND JURISDICTION

These Terms and Conditions of Use and any and all transactions and other activities on the Site will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. You hereby submit to the jurisdiction of the state and federal courts located in Los Angeles, California, which shall be the exclusive venue for any and all disputes or claims arising hereunder. Use of the Site is not authorized in any jurisdiction which does not give effect to these Terms and Conditions of Use.  OcularExpert is operated as an LLC.

13. SERVICE-RELATED ANNOUNCEMENTS

OcularExpert may send you service-related announcements when it is necessary to do so.  For instance, if our service is temporarily suspended for maintenance, we might send you an email.

14. UNAFFILIATED ENTRIES AND WEB SITES

Descriptions of, or references to, products(s), service(s), service providers, publications or sites not owned by OcularExpert or its affiliates, do not imply endorsement of that product, service, publication or site. OcularExpert attempts to review content displayed on the Site.  However, OcularExpert has not reviewed all material linked to the Site and is not responsible for the content of any such material, product(s), or service(s) on the Site. Your linking to any other site is at your own risk.

15. COPYRIGHT AND TRADEMARKS

All materials on the Site, including without limitation text, images, software, audio and video clips, databases, user product reviews and ratings, (collectively, the “Content”) are owned or controlled by OcularExpert or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof, including without limitation our product reviews and ratings and those product reviews and ratings posted by other subscribers, for any public and/or commercial use without the prior written permission of OcularExpert.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of OcularExpert or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of OcularExpert or the relevant Affiliate. In addition, you may not use our trademarks:

(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of OcularExpert;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that OcularExpert sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.

OCULAREXPERT®, OCULAREXPERT REPORTS®, and other related marks used on this site are registered trademarks of OcularExpert in the United States and other countries.

16. PRODUCT/SERVICES REVIEWS AND RATINGS

OcularExpert may make available to users of the Site product reviews and ratings.  OcularExpert may also have available interactive communication to facilitate reviews of products and services submitted to the Site.  Submitters to the Site are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site.  OcularExpert and its Affiliates do not necessarily endorse or warrant suitability for any purpose whatsoever any specific product or service.  Submission of product or service to OcularExpert, by means of any form of any communication to the Site, means that you grant OcularExpert an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to OcularExpert. You hereby waive all rights generally known as “moral rights” in your Communications (including your Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.

You acknowledge and agree that any submission or public communication to OcularExpert are public. You acknowledge that you have no expectation of privacy in any submission or public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and OcularExpert by reason of your transmitting a public communication to OcularExpert.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OCULAREXPERT AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.

17. PRODUCT REVIEWS AND RATINGS

The OcularExpert.com Site may offer third-party product review and ratings.  Liability Disclaimer for Reviews: OcularExpert is not liable for any statements, representations, descriptions, comments, or opinions provided by users of Site or staff in Reviews posted on the Site. Reviews are displayed for entertainment and informational purposes only. OcularExpert cannot guarantee the accuracy, integrity, or quality of Reviews. Under no circumstances will OcularExpert or any third-party providers of the Review or Ratings be liable in any way for any Review, including, but not limited to, any errors or omissions in any Review, or any loss or damage of any kind incurred as a result of the use of the Ratings or the use of any content posted in a Review.  Once Reviews are submitted to the Site, OcularExpert may take any or no action with respect to such Reviews, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Reviews with no notice and at OcularExpert’s sole discretion.

USE OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.

18. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL OCULAREXPERT OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR CU OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, EVEN IF OCULAREXPERT, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.

THE TOTAL LIABILITY OF OCULAREXPERT HEREUNDER IS LIMITED TO THE AMOUNT OF $25.00, IF ANY, ACTUALLY PAID BY YOU TO OCULAREXPERT. YOU HEREBY RELEASE STRATEDAY AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Notwithstanding anything to the contrary in this Agreement, OcularExpert reserves the right to investigate any misuse of the Ratings Tool, or its systems, equipment or network. OcularExpert reserves the right to screen, edit, modify, remove or disable access to any content that violates these provisions or that OcularExpert deems objectionable. OcularExpert reserves the right to screen Reviews for standard errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.). Without limitation of the foregoing, OcularExpert reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that OcularExpert suspects has violated any law or regulation. OcularExpert also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.

19. NOTICE OF COPYRIGHT INFRINGEMENT

We intend that all content provided on our Site respect the copyright and other proprietary rights of third parties. When Site visitors post content on our Site, of course, we are unable to monitor the copyright ownership of all posted content. If at any time you believe that any content on our Site infringes your copyrighted material, then you may request the content be removed from the Site in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures described below.

You must send a notice that complies with the Copyright Act, 17 U.S.C. §512(c)(3) (“Notice”) to the agent we have designated with the Copyright Office:

Manager of Operational Services
Telephone: (310) 453-0551
Email: Support@DayClips.com

To comply with the Copyright Act, your Notice must be in writing and must include:

(i) A physical or electronic signature of the 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 are covered by a single notification, a representative list of such works;

(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 us to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) 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

(vi) 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.

When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:

(i) A physical or electronic signature of the alleged infringer;

(ii) Identification of the material 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;

(iii) A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;

(iv) The alleged infringer’s name, address, and telephone number; and

(v) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.

Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.
Please note: the email address of our Designated Agent is intended specifically for the receipt of notices of claimed infringement under the Digital Millennium Copyright Act of 1998, 17 U.S.C. §512. It is not intended for the general inquiries and permission requests concerning the use of our content.

20. NO GUARANTED ACCESS

OCULAREXPERT DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION.

21. ACKNOWLEDGMENT AND AGREEMENT

If your computer communication is through your employer, your employer may own all electronic communication sent to that address.  If your computer communication is a family address, other family members may see electronic communication.  If you use an internet service provider (ISP), there is a small risk that others may intercept electronic communication.  It is also important for you to know that office staff of a doctor, dentist, or office of another service provider, may read electronic communication you send to their office.

Your use of OcularExpert acknowledges that you have read and fully understand the Terms and Condition of Use and have read and consent to the Privacy Policy posted on OcularExpert.  Your acknowledge and understand the risks associated with communication by regular mail, telephone, or e-mail as outlined herein.  In addition, you agree to the instructions outlined herein, as well as any other instructions that OcularExpert may impose to communication by telephone, e-mail, text message, or regular mail.  You acknowledge that any questions regarding the use of OcularExpert have been answered to your satisfaction.  Any consent by OcularExpert to, or waiver of, a breach of the Terms and Conditions which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent.  Your use of OcularExpert acknowledges receipt of Terms and Condtions of Use, and you agree to be bound by its terms.

22.  COMMUNICATIONS ON OR TO THE SITE

OcularExpert cannot review all submissions or public communications made on or through the Site. However, OcularExpert reserves the right, but has no obligation, to monitor submissions and edit, modify or delete any communications (or portions thereof) which OcularExpert in its sole discretion deems inappropriate, offensive or contrary to any OcularExpert policy, or that violate this Agreement.

To help OcularExpert maintain a safe and civil environment, you agree not to upload or distribute to, or otherwise publish through the Site any communication which

(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;

(ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;

(iii) constitutes or contains false or misleading indications of origin or statements of fact;

(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;

(v) causes injury of any kind to any person or entity;

(vi) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;

(vii) violates any applicable laws, rules, or regulations;

(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(ix) impersonates another person or entity, or that collects or uses any information about Site visitors.  You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site.

23. TERMINATION OF USER OR SUPPLIER OF PRODUCT(S) AND/OR SERVICE(S)

OcularExpert reserves the right to suspend or terminate your use of the Site for any or no reason at any time, and will not bear liability for such decision.  Termination by OcularExpert will be at the sole discretion of OcularExpert and may be done without prior notification to you.  Examples of reasons by OcularExpert for termination include, but are not limited to, illegal activity of the Site by User or Service Provider, non-use of the Site for an extended period by User or Service Provider, abuse of the Site by User or Service Provider, or for business reasons deemed necessary by OcularExpert.

24. MINORS’ PRIVACY POLICY

No person under the age of thirteen (13) years is allowed to use the Site. We will not knowingly collect information from anyone under the age of thirteen (13) years.

25. ENTIRE AGREEMENT

At all times, the then-current Terms and Conditions of Use constitute the entire agreement between OcularExpert and you with respect to your use of the Site, superseding any prior agreements, superseded postings of the Terms and Conditions of Use and all other prior or contemporaneous communications between OcularExpert and you. You acknowledge and agree that you may also be subject to additional terms and conditions when you use our Site. Please report any violations of these Terms and Conditions of Use including any alleged copyright infringements relating to the Site or any other matters to us as soon as possible.  In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.  The failure of OcularExpert to exercise its rights or enforce any provisions of this Agreement does not mean that OcularExpert waives those rights.

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