Central Ohio Eyecare, Inc. and Columbus Web Solutions, Ltd.

Terms/Privacy Statement for: www.centralohioeyecare.com

Welcome to Central Ohio Eyecare, Inc.’s and Columbus Web Solutions, Ltd. Web site (Site). These site terms (Site Terms) apply to your access to and use of the Site, so please read them carefully. They do not alter in any way the terms or conditions of any other written or online agreement you may have with Central Ohio EyeCare, Inc. (COEI) and Columbus Web Solutions , LTD ( CWS). COEI and CWS reserve the right to change or modify any terms and conditions of these Site Terms or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modification to the Site Terms will be effective upon posting, and your use of the Site following such posting will constitute your acceptance. BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE. If you have any questions regarding your access or comments about the site, these should be directed to support@centralohioeyecare.com.

Privacy Policies and Terms

COEI and CWS strongly believe in protecting the information collected on this Site from unauthorized disclosure to third parties, and in providing you with notice of what type of information COEI and CWS collects on this Site and how such information is used. Therefore, COEI and CWS have adopted a Privacy Policy to which you should refer to fully understand how COEI and CWS use and collect information.

Limitation on Site Access

While accessing or using this Site, you may not engage in any activities prohibited by COEI or CWS, which include, among other prohibitions and restrictions set forth in these Site Terms and without limitation: (a) any unauthorized resale or commercial use of the Site or content therein; (b) the collection, placement or use of any product or service listings or descriptions of this Site on any other Web site or publication for commercial use; (c) making unauthorized derivative uses of the Site and its contents; or (d) the use of any data mining, robots, or similar data gathering and extraction methods. Except as expressly provided for in these Site Terms, you are not conveyed any right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of COEI and CWS or any third party. You may not frame or use framing techniques to enclose any COEI or CWS trademark, logo or other proprietary information (or products of COEI or CWS's) (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without COEI and CWS's express written consent. Further, you may not use any meta-tags or any other hidden text & gout; utilizing a COEI or CWS name, trademark, or product name without COEI and CWS express written consent. Any unauthorized use of this Site will terminate any permission or license granted by these Site Terms regarding access and use of the Site, and may violate applicable law. All violators will be prosecuted to the fullest extent of the law. Trademarks and Service Marks COEI and CWS, the COEI and CWS logos, all page headers, custom graphics, button icons, scripts, the products and services described in this Site, and all other trademarks, registered trademarks, product names and COEI and CWS names or logos or product names mentioned herein are either trademarks, service marks and/or trade dress of COEI or CWS, their licensors or third party suppliers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CWS or their respective owners. All other trademarks appearing in this Site are the property of the companies they represent. Copyright All copyrighted and copyrightable materials on this Site, including, without limitation, the COEI or CWS logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement (Materials) thereof are ALL RIGHTS RESERVED Copyright ©2005 CWS Corporation, its licensors or third party suppliers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of COEI or CWS. Permission is granted to display, copy, distribute and download one copy of the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of CWS or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials. Copyright Complaints COEI and CWS respect the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide written notice to COEI and CWS’s copyright agent at the following address:

Central Ohio EyeCare, Inc
3130 Olentangy River Road
Columbus, Ohio 43202
614-262-2020
Fax: 614-262-2020
support@centralohioeyecare.com

Third-Party Content, Products, Services, and Information

This Site includes third party content, including without limitation third party products, services, information, and links to third party Web sites (collectively, [Third Party Content]). By using this Site, you acknowledge and agree that COEI and CWS are only providing you with access to such Third Party Content via the Site, and, except for providing you with such access, COEI and CWS do not create, manufacture, produce, sell, offer for sale, modify, alter, change or have any control over or responsibility for such Third Party Content. COEI and CWS makes no warranties or representations regarding any of the Third Party Content on this Site, and the availability of any Third Party Content on this Site does not constitute COEI or CWS’s recommendation, endorsement or other affiliation between COEI or CWS and such Third Party Content or third party. COEI and CWS take no responsibility and assumes no liability for any Third Party Content selected to be received by you from a third party, or for any delivery, fulfillment, defects, inaccuracies, mistakes, defamation, slander, libel, omissions, falsehoods, legality, decency or any other aspect of such Third Party Content. By accessing and using this Site, you disclaim and waive any and all claims against COEI and CWS arising from or relating to your selection, ordering or use of such Third Party Content.

Selecting Third Party Content

Your right to order or receive any Third Party Content, and the specific terms and conditions under which the third party is willing to provide you such Third Party Content, is governed by the particular policies of the third party. When you order any Third Party Content or access a third party’s Web site to select or order any products, services or information, you should carefully review the third party’s policies regarding its provision of such products, services or information.

Enforcement

COEI and CWS have the right, but not the obligation, to monitor any activity, information or content associated with its Site. COEI and CWS may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of information or content. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect COEI and CWS’s systems and customers, or to ensure the integrity and operation of COEI and CWS’s business and systems, COEI and CWS may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (e.g., name, e-mail address), IP addressing and traffic information, usage history, and content. COEI and CWS’s right to disclose any such information shall govern over any terms of COEI and CWS’s Privacy Policy. This Site may include or provide links to discussion forums and interactive support areas. These forums and interactive areas shall be used only for authorized purposes. By using the forums or interactive areas, you agree not to do any of the following:

~ Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material (Content) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

~ Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

~ Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;

~ Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and

~ Without COEI and CWS’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. COEI and CWS takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, COEI and CWS are only forums and are not liable for any statements, representations, or Content provided by its users in any public forum or personal home page.

Responsibility for Your Conduct

You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including any discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless COEI and CWS from any claim, action, demand, loss, or damages (including attorney’s fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to CWS, or postings on this Site, are non-confidential (subject to COEI and CWS’s Privacy Policy) and shall become the sole property of COEI and CWS. COEI and CWS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to COEI and CWS, including the posting of materials to any forum or interactive area, irrevocably waives any and all moral rights in such materials.

Linking Third Party Sites

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray COEI and CWS, its licensors or third party suppliers, or any of their products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a COEI or CWS logo or other proprietary graphic or trademark of COEI or CWS to link to this Site without the express written permission of COEI and CWS. This limited right may be revoked at any time. COEI and CWS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Site, or Web sites linking to this Site. The linked Web sites are not under the control of COEI or CWS and they are therefore not responsible for the content of any linked Web site or any link contained in a linked Web site, or any review, changes or updates to such Web sites. COEI and CWS are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by COEI and CWS of the Web site or any information, products or services contained therein. When leaving the COEI /CWS Site, you should be aware that COEI and CWS’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Site. Disclaimers AS IS BASIS. THIS SITE AND THE PRODUCTS, SERVICES, CONTENT AND OTHER MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL PRODUCTS, SERVICES, THIRD PARTY CONTENT, DATA OR OTHER MATERIAL OR CONTENT DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WARRANTY DISCLAIMER. CWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. CWS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CWS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE CWS ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, CWS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COEI and CWS reserve the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by COEI and CWS.

Limitation of Liability

IN NO EVENT SHALL CWS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CWS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF COEI and CWS’S SITE EXCEED THE LESSOR OF THE COMPENSATION YOU PAID CWS FOR ACCESS TO OR USE OF THIS SITE OR $50.00. Indemnification You agree to indemnify, defend and hold COEI and CWS harmless from and against any claims, actions, lawsuits, damages, proceedings or other liability (Liabilities) arising from or in connection with your use of the Site in violation of these Site Terms, including without limitation your violation of the Limitation on Site Access provisions, the Copyright and Trademark provisions, the Third-Party Content provisions, and the Linking provisions set forth above. Termination Notwithstanding any of these terms and conditions, COEI and CWS reserve the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Waiver

Any refusal or failure of COEI or CWS to enforce any provision of these Site Terms against a person or entity in violation of or violating a provision shall not under any circumstances constitute consent to such violation, a waiver of the provision or a waiver of COEI and CWS’s rights to enforce the provision against any person or entity violating such provision at any time upon discovery of the violation or anytime thereafter. Applicable Law and Venue These terms and conditions shall be governed by and construed in accordance with the laws of the State of Ohio and Oregon applicable to agreements made and entirely to be performed within the State of Ohio and Oregon without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in State or Federal Court located in Columbus, Ohio and Portland, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.