Eye Patient License Agreement
EYE PATIENT END USE LICENSE AGREEMENT
Privacy Policy, Store Privacy Policy
Use of the Eye Patient application (“Eye Patient”) is contingent upon acceptance of the terms and conditions provided in the following End User License Agreement (“Agreement”). As used throughout this Agreement, "Effective Date" shall mean the date upon which you indicate electronic acceptance to this Agreement with Cloud Nine Development, LLC ("Cloud Nine").
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES OFFERED BY CLOUD NINE. BY INDICATING ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, YOU AGREE TO FOLLOW AND BECOME BOUND BY IT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES OFFERED BY CLOUD NINE. CLOUD NINE'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF THIS AGREEMENT IS CONSIDERED AN OFFER BY CLOUD NINE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Cloud Nine is the sole and exclusive owner of eyepatient.net and eyehandbook.com (the "Sites"), and Eye Patient, which is a mobile application interface intended for use by consumers (non-professionals) for non-commercial personal, family, or household purposes (the "Application"). The Sites and the Application, along with the information and services made available to User through the Sites and Application are referred to collectively as the "Services", which Services are available to User in accordance with the terms of the license provided hereunder. User wishes to obtain a license from Cloud Nine to use the Sites, Application, and Services to have the Application made available to User. Cloud Nine desires to make the Sites, Application, and Services available to User for such use. In consideration of the promises and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, each intending legally to be bound, promise and agree as follows:
Cloud Nine hereby grants to User, for the term of this Agreement the non-transferable, non-exclusive right and license to use the Sites, Application, and Services, subject to User’s compliance with the provisions of this Agreement.
1.DEFINITIONS. For purposes of this Agreement, the terms “we,” “us,” “our,” and other first person personal pronouns refer to Cloud Nine and its successors, affiliates, subsidiaries, and assigns. The terms “you,” “your,” and other second person personal pronouns and the term “User” refer to you as a user of the Sites, Application, and Services. The terms “Content Provider” and “Content Providers” refer to any person, firm, corporation, or other entity that supplies content to us. A User, such as you, may also furnish content; however, for purposes of this Agreement, you will not be considered a Content Provider.
2.SERVICES. Cloud Nine may provide Services to the User. Cloud Nine may change, suspend, or discontinue the Services (or User’s access thereto),
including the availability of any feature, mobile application, mobile application template, Services, or Content (as defined below), without notice or liability.
Cloud Nine reserves the right, in its sole discretion, to refuse to allow access to the Services to any User at any time. Cloud Nine reserves the right, in its
sole discretion, unilaterally to modify this Agreement at any time. Cloud Nine is under no obligation to provide technical support for the Services, use of the
Sites, or use of the Application at any time.
(a) Registration and Security. As a condition to using the Services, User may be required to register with Cloud Nine, to select a password, and to enter
User’s email address (“ Cloud Nine User ID ”). User shall provide Cloud Nine with accurate, complete, and updated registration information. Failure to do so
shall constitute a breach of this Agreement, which may result in immediate termination of this Agreement and User’s account. User may not (i) select or use as
a Cloud Nine User ID, a name of another person with the intent to impersonate that person or (ii) use as a Cloud Nine User ID a name subject to any rights of a
person other than User without appropriate authorization. Cloud Nine reserves the right to refuse registration of, or cancel a Cloud Nine User ID in its sole
discretion. User shall be responsible for maintaining the confidentiality of User’s Cloud Nine password.
(b) Equipment and Ancillary Services. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or
to access the Sites or otherwise to use the Services, including, without limitation, hardware devices, software, and other Internet, wireless, broadband, phone,
or other communication device connection services. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Sites
and the Services and User shall be responsible for all charges incurred in connection with all such equipment and ancillary services, including any fees charged
for airtime usage and sending and receiving messages or related notifications.
(c) No Ownership. No ownership rights are transferred by way of this license agreement. User does not acquire or maintain ownership rights in or to any
content, document, code, name of the Application or other materials viewed through the Application or from posting information or materials displayed on or
through the Application. With the exception of content purchased from third party entities, User may view, print, or download content displayed on or through
the Application, but only for User’s own personal use and not for any other purpose whatsoever. User represents and warrants that the Application, the Sites,
and the Services are to be used solely personal, family, or household use. The use or display of any such material on any other application or networked computer
environment is prohibited.
(d) Copyright and Trademarks. The content provided by Cloud Nine in the Application and on the Sites, including (without limitation) its selection and
organization, graphics, design, and compilation are protected under applicable copyright laws. “Eye Patient” and other marks used in connection with the
Application are owned by Cloud Nine. Other products, company names, and content displayed on or through the Application may, in some cases, be the trademarks or
copyrights of third parties and are used, when applicable, with permission. The copying, distribution, public display, modification, or other use by User of the
Application and the Sites and all content displayed on or through the Application and the Sites, except as specifically permitted by this Agreement, is strictly
prohibited – in the absence of the advance, written permission of an officer of Cloud Nine. In the event you are granted written permission to copy, transmit,
publish, or link any material found in the Application or on the Sites, you may not make any changes or deletions and you must attribute Cloud Nine Development,
LLC as the source of the material.
(e) As part of the Services that Cloud Nine provides to User, Cloud Nine may establish and maintain a license agreement, on behalf of User, with Apple, Inc.
and/or Google, Inc., to have the Application published and made available via the Apple iTunes application store and/or the Google Android Market. For the
purposes identified in this section 2(e), User appoints Cloud Nine to be its agent, with full power of attorney, and User acknowledges and agrees that: (i)
any information provided to Cloud Nine may be shared with Apple, Inc. and/or Google, Inc.; and (ii) Cloud Nine may set up an email account on behalf of User.
In the event that User enters into a license agreement with Apple, Inc. and/or Google, Inc. (whether on User’s own or on User’s behalf by Cloud Nine), User
shall be responsible for the payment of any costs associated therewith, including, for example, costs associated with any other applications, changes or
modifications to the Application, or ongoing periodic renewals. User has read and agrees to the terms and conditions required of Apple, Inc. and Google, Inc.,
respectively. User shall agree to any updates or modifications to the terms and conditions required of Apple, Inc. or Google, Inc. (“Updated Apple/Google Terms”)
and authorizes Cloud Nine to accept on User’s behalf any and all Updated Apple/Google Terms. User shall immediately notify Cloud Nine if User no longer accepts
any Updated Apple/Google Terms.
(f) The web links provided at the Sites, and below, identifying certain terms and conditions required of Apple, Inc. and Google, Inc. are provided as a courtesy to
User, nevertheless, Cloud Nine shall not be responsible for notifying User of any Updated Apple/Google Terms. Furthermore, Cloud Nine makes no representation or
warranty regarding the web links provided below, as to operability, functionality, completeness, and/or accuracy.
https://www.android.com/us/developer-distribution-agreement.html
https://developer.android.com/license
https://firebase.google.com/terms/
https://www.apple.com/legal/
https://developer.apple.com/programs/terms/apple_developer_agreement.pdf
AppleiOSDeveloper Program License Agreement
3. NO MEDICAL ADVICE. User acknowledges and agrees that Cloud Nine does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Cloud Nine does not evaluate the need to seek medical attention, through the Application or Sites. The contents of the Application and Sites, such as articles, graphics, images, information from our third-party contributors, Services descriptions, instructions, and other material contained on the Application or Sites (“Content”) are for informational purposes only. Although such Content may be provided by individuals in the medical profession, the provision of such Content does not create a doctor-patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment of any particular condition. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. User should always seek the advice of his/her physician or other qualified healthcare provider with any questions User may have regarding a medical condition. User acknowledges that the Services have not been approved by the U.S. Food and Drug Administration.
4. AGE RESTRICTIONS. The Sites, Application, and Services are not intended for the use of person under the age of 18. By using the Sites, Application, or Services, you represent that you are at least 18 years of age.
5. TERM.
(a) Initial Term. This Agreement shall be in effect commencing on the Effective Date (the “ Commencement Date ”), and shall extend therefrom, unless sooner
terminated (as provided herein), for an initial term of one (1) month (the “Initial Term”).
(b) Renewal Term. At the end of the Initial Term, provided User is not then in breach of any of the provisions of this Agreement, the licenses granted
hereunder will automatically renew for an additional one-month term (the “Renewal Term”), unless Cloud Nine or User furnishes to the other a written
notice of non-renewal, which notice shall terminate this Agreement and the obligations arising hereunder after 30 days. Unless sooner terminated
(as provided herein), this Agreement shall automatically renew for successive additional one-month terms. Throughout this Agreement, the Initial
Term and the Renewal Terms shall be referred to collectively as the “Term” of the Agreement.
6. CONTENT AND CUSTOMIZATION. Users will access the Sites to upload user content to the Application. Such content may include (without limitation):
pictures, logos, names, e-mail addresses, phone numbers, fax numbers, specialties, locations, slogans, physical addresses, missions, general information,
history, accepted insurance plans, services, educational information, research studies, practice news, testimonials, feedback, appointment information,
medication refill information, test result information, referrals, contacts, alarms, note takers, calendars, and other various interactive options
(“User Content”). The customization permitted includes primarily User Content to be uploaded at specific points within a template we furnish for you.
(a)No Control. User acknowledges and agrees that Cloud Nine has no special relationship with or fiduciary duty to User and that Cloud Nine has no
control over (and is merely a passive conduit with respect to), and no duty to take any action regarding: (i) the Content User makes available, publishes,
or promotes in connection with its use of the Application and the Sites; (ii) which of User’s end users, clients, and customers (“ End Users ”) gain
access to the Application; (iii) what effects, if any, Content may have on User or End Users; (iv) how User or End Users interpret, view, or use
the Content; (v) what actions User or End Users may take as a result of having been exposed to the Content, or (vi) whether Content is being displayed
properly in connection with the Services.
(b) Additions. Cloud Nine may add phrases such as “powered by” Cloud Nine including buttons calling for actions, text, splash screens, and any
other marketing items to the Application.
(c) Advertising and Links to Other Applications and Websites. The Application may contain links to other applications and websites, including advertisers.
Cloud Nine is not responsible for the content, accuracy, or opinions expressed in such applications or websites. Cloud Nine does not warrant that such links are
current or operational, and such applications and websites may not be investigated, monitored, or checked for accuracy or completeness by Cloud Nine on an ongoing
basis. Inclusion of any linked website on the Application does not imply approval or endorsement of the linked website by Cloud Nine.
(d) Customization. The customization permitted is limited as permitted in our available template or templates. We may consider further customization;
however, such additional customization will require a separate customization agreement and separate consideration.
(e) Restrictions. User warrants, represents, and agrees that it will not contribute, submit, or make available through the use of the Services any User
Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or that otherwise violates any law or right of any third party,
including (without limitation) any right of privacy or publicity. Cloud Nine reserves the right to remove any content (User Content or otherwise) from the
Sites at any time, or to terminate User’s right to use the Services or access the Sites, for any reason (including, but not limited to, upon receipt of
claims or allegations from third parties or authorities relating to such Content or if Cloud Nine is concerned that User may have breached the terms of
this paragraph), or for no reason at all, subject to the provisions of Section 11 (“Termination”). User is responsible for all of its activity in connection
with the Services and accessing the Sites. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or
intended to obtain, without full disclosure and proper authorization, account or private information from any person. User shall not use any part of the Sites,
Application, or Services to violate the security of any computer network, crack passwords, or security encryption codes, or to transfer or store material that
is deemed threatening or obscene, or to engage in any kind of illegal activity.
7. WARRANTIES AND DISCLAIMERS.
(a) GENERAL. THE SERVICES, APPLICATION, AND SITES ARE FURNISHED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” CLOUD NINE AND THE CONTENT PROVIDERS
MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, FUNCTIONALITY, OR OPERABILITY OF THE SERVICES, APPLICATION, OR THE SITES OR TO THE
ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE INFORMATION FURNISHED BY OR THROUGH THE APPLICATION OR THE SITES OR THE DATA FROM WHICH SUCH INFORMATION IS COMPILED.
MOREOVER, CLOUD NINE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES, APPLICATION, SITES, OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALTHOUGH WE WILL EMPLOY COMMERCIALLY REASONABLE MEASURES TO DETECT AND REMOVE SO-CALLED
VIRUSES, EASTER EGGS, TROJAN HORSES, TIME BOMBS, OR OTHER INTENTIONALLY DISRUPTIVE, DESTRUCTIVE, OR DISABLING CODE (“VIRUSES”), WE DO NOT WARRANT THAT THE
APPLICATION OR THE SITES WILL BE FREE OF VIRUSES.
(b) USE. USERS ARE RESPONSIBLE FOR THE USE OF THE SERVICES, APPLICATION, AND SITES. BY INDICATING ELECTRONIC ACCEPTANCE TO THIS AGREEMENT, YOU ACKNOWLEDGE
AND AGREE TO THE FOREGOING WARRANTY DISCLAIMER AND THAT YOU USE THE SERVICES, APPLICATION, AND SITES AND THE INFORMATION FURNISHED ON OR THROUGH THE APPLICATION
AND SITES AT YOUR OWN RISK. Additionally, as a condition of the grant of the license provided hereunder, you agree not to use the Application or the Sites for
any purpose other than that permitted under this Agreement or for any purpose that is unlawful or prohibited by this Agreement. You may not use the Application
or the Sites in any manner that could damage, disable, or impair the Application or the Sites, their availability and functionality, or the use or enjoyment of
the Application and the Sites by others. You may not attempt to gain unauthorized access or any access beyond your rights as granted herein to any component of
the Application, the Sites, or any content otherwise available on or through the Application or the Sites by hacking, password mining, or any other means.
You may not obtain or attempt to obtain any content or information through any means not explicitly and intentionally made available through the Application
or the Sites. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, CLOUD NINE RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO, AND USE OF, THE SERVICES, APPLICATION AND/OR SITES.
(c) Electronic Communications Privacy Act Notice (18 USC 2701-2711). CLOUD NINE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR
INFORMATION TRANSMITTED ON THE SITES OR APPLICATION OR OF ANY WEBSITE LINKED TO THE SITES OR THROUGH ANY USE OF THE SERVICES. Cloud Nine will not be liable for
the privacy content or Cloud Nine User ID information stored on its equipment and transmitted over networks accessed by the Sites, Application, or otherwise
connected with User’s use of the Sites, Application, or Services.
(d) Acceptance. CLOUD NINE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE APPLICATION WILL BE APPROVED OR PUBLISHED BY APPLE, INC. OR GOOGLE, INC.
CLOUD NINE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE APPLICATION WILL NOT BE REMOVED FROM THE APPLE ITUNES APPLICATION STORE OR THE GOOGLE ANDROID
MARKET AFTER THE APPLICATION IS PUBLISHED, IF AT ALL.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL CLOUD NINE OR ANY OF THE CONTENT PROVIDERS BE LIABLE (i) FOR ANY AMOUNT IN EXCESS OF THE CONSIDERATION YOU PAID FOR THIS LICENSE, IF ANY, OR (ii) FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (SUCH AS, WITHOUT LIMITATION, LOSS OF BUSINESS, DAMAGE TO REPUTATION, LOSS OF PROFITS OR REVENUE, DAMAGE TO TECHNOLOGICAL OR OTHER DEVICES, OR LITIGATION) OR FOR SPECIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, EVEN IF ADVISED OR WARNED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU AND WE (ON BEHALF OF OURSELVES AND THE CONTENT PROVIDERS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS A REASONABLE AND AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND THE CONTENT PROVIDERS AND SPONSORS) AND THAT IT REFLECTS THE FEES, IF ANY, WE CHARGE YOU FOR THIS LICENSE AND THE CONTENT FURNISHED ON OR THROUGH THE APPLICATION. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THIS LICENSE TO YOU.
9. REVERSE ENGINEERING. Under no circumstances may you disassemble, decompile, or otherwise reverse engineer or attempt to discover the source code of the Application or the Sites, such source code being confidential and proprietary property of Cloud Nine.
10. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Cloud Nine, its affiliates, the Content Providers, and their respective directors, officers, employees, and agents (collectively, “Affiliated Parties”) from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of, accruing from, or in any way related to: (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates any person’s rights of publicity or privacy; (b) any misrepresentation made by you in connection with your use of the Application or the Sites; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims regarding any liability, loss, claim, and expense arising from or related to your access and use of the Application or the Sites. Notwithstanding the foregoing, Cloud Nine reserves the right to assume, at its expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
11. TERMINATION. The following termination rights are in addition to the termination rights provided elsewhere in this Agreement:
(a) Right to Terminate on Advance Notice. This Agreement may be terminated by either party upon fifteen (15) days’ written notice to the other party in the event
of a breach of a material provision of this Agreement by the other party, which breach continues without being cured to the satisfaction of the non-breaching party for
a period of fifteen (15) days from the date of the notice of termination. If the noticed breach is timely cured to the satisfaction of the non-breaching party,
then this Agreement shall continue as though there had been no breach and no notice of termination. If, however, the breach is not timely cured, as provided
herein, then this Agreement shall automatically terminate at the end of the said fifteen (15) day period, without other or further action by the non-breaching party.
Termination, as provided herein, shall not constitute an election of remedies, and the non-breaching party, in addition to such right of termination, shall have
available to it all other appropriate legal or equitable remedies.
(b)Termination of Rights. Upon the expiration or termination of this Agreement, all of the rights granted to User under this Agreement shall terminate
and revert to Cloud Nine.
12. PRIVACY POLICY. We are committed to protecting your online privacy. The privacy policy found at Privacy Policy discloses the privacy practices for the Application and the Sites. We encourage you to read this Privacy Policy carefully to learn what information we collect from you and how we use that information. The privacy practices set forth in this Privacy Policy are for the Application and the Sites only. If you link to other web sites, please review the privacy policies posted at those sites.
13. GENERAL.
(a) Waiver. Our failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of our rights subsequently to enforce
and compel strict compliance with every provision of this Agreement.
(b) Governing Law, Jurisdiction, and Venue. This Agreement shall be interpreted under and governed by the laws of the State of Kansas without giving effect
to Kansas conflicts of laws principles or provisions. Any action properly brought pursuant to this Agreement, shall be brought in the state or federal courts
sitting in Johnson County, Kansas, and you hereby waive any challenges to jurisdiction and venue (other than a challenge based on the obligation to arbitrate)
for any such action brought by us. In the event of any litigation over this Agreement if we are the prevailing party, you agree to pay all of our expenses
associated with such litigation, including (without limitation) court costs and attorneys’ fees.
(c) Severability. If any term or provision in this Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction
and such finding or order becomes final and non-appealable, then the offending provision shall be deemed modified to the minimum extent necessary to make it valid
and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken in its entirety, and unless such term or provision is
material to the performance of this Agreement, the remainder of this Agreement shall survive with the offending provision eliminated.
(d) Amendment or Modification. You may not amend this Agreement except by a written instrument signed by you and by us. Notwithstanding the foregoing, we may,
from time to time, post amendments to this Agreement. Your further use of the Application and Sites following the posting, by us, of such an amendment will
constitute your agreement to such amendment or modification. If you do not wish to accept such amendment or modification, you must cease all further use of
the Application and the Sites.
(e) Entire Agreement. This Agreement contains the entire agreement and understanding between you and us with respect to the subject matter hereof,
and there are no representations, inducements, promises, or agreements, oral or otherwise, not embodied herein. Any and all prior discussions, negotiations,
commitments, and understandings relating thereto are merged herein.
(f) Arbitration. All disputes between you and Cloud Nine arising in connection with this Agreement (other than actions for injunctive relief as set forth
in Section 13(g) below) shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration
Rules, using the Expedited Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction.
The arbitrator shall be an individual generally skilled in the legal and business aspects of the subject matter of this Agreement. The arbitrator shall have no
authority to impose penalties or award punitive damages. The arbitration shall take place in Overland Park, Kansas and the arbitrator shall apply the law of the
State of Kansas and applicable rules of evidence. If all parties and the arbitrator agree, arbitration may take place by telephone or by written communication.
Unless the arbitrator otherwise directs, the parties, their representatives, other participants, and the arbitrator shall hold the existence, content, and result
of the arbitration in confidence. No action, regardless of form, related to the obligations of the parties under this Agreement may be brought by either party
against the other more than one (1) year after the cause of action has accrued.
(g) Injunctive Relief. Notwithstanding anything to the contrary herein, we may seek immediate injunctive relief (whether temporary or preliminary) in
the event of your infringement or threatened infringement of any intellectual property rights of Cloud Nine or any Content Provider or a breach or threatened
breach of your obligations hereunder. You acknowledge that any such infringement, threatened infringement, breach, or threatened breach will result in irreparable
damage to us and will inflict injury difficult to remedy through monetary damages alone. Accordingly, with respect to any such infringement, threatened infringement,
breach, or threatened breach, we may seek and obtain, from a court of competent jurisdiction, such preliminary, temporary, or permanent injunctive relief as the
court may award, without the need for us to post or file any bond or like surety or security.
(h) Headings. The paragraph or section headings used herein are for convenience only and in no way define, limit, extend, or interpret the scope of this
Agreement or of any particular paragraph here of.
(i) Representation by Counsel and Contra Proferentem. User hereby represents that: (a) it has been represented by competent counsel of its choice, or has
had the opportunity to engage such counsel, in the review and execution of this Agreement, (b) it has read and fully understands the terms hereof, (c) User and
its counsel have been afforded an opportunity to review the terms of this Agreement and that User intends to be bound hereby. In accordance with the foregoing,
the general rule of construction to the effect that any ambiguities in a contract are to be resolved against the party drafting the contract shall NOT be employed
in the construction and interpretation of this Agreement.
14. Automatic Recurring Payment Agreement
This Automatic Recurring Payment Agreement (the “Agreement”) is a contract between you and Cloud Nine Development (“CND”) to set up your automatic recurring payment. Please verify that all information provided is complete and accurate. Your request may take up to 72 hours or 3 business days to process. You will not receive any advance notice of this payment, but you will receive a post payment confirmation email following all automatic recurring payments.
Automatic Recurring Payment Failure
If your automatic recurring payment is declined or unable to be processed for any reason, you will be contacted by email. In the event any payment is not made and you do not make the required payment by the end of your billing cycle, your service will be suspended or cancelled.
AGREEING TO THESE CONDITIONSBy providing my credit (“Payment Method”), I AGREE that I have read and understand this Agreement. In addition, I authorize CND to charge the full amount required to the specified Payment Method; and I authorize the financial institution, Stripe, for the Payment Method specified above to charge my account and remit payment for my service to CND. This authority will remain in effect until I give notification, as required under this Agreement, to terminate this authorization; provided, however, that no termination of authorization will relieve me of any obligation to pay amounts due for purchases I have made. I represent and warrant that I have full authority to enter into this Agreement and make the representations herein. I will cooperate to execute any documents that may be reasonably required to effectuate the foregoing authorization.
I authorize Cloud Nine Development to send instructions to the financial institution that issued my card to take payments from my card account in accordance with the terms of my agreement with you.
15. Agreement for Likeness
Cloud Nine Development shall have the right in perpetuity to use the submitted name, image, and likeness in connection with both Eye Handbook Doctor Directory & the Eye Patient Doctor Directory, both app and website versions, advertising and publicity for products created by Cloud Nine Development. By agreeing to this you also agree to the License Agreement & the Privacy Policy.
