WELCOME TO THE TLCforODs WEBSITE. Use of this site is subject to the terms and conditions contained in this Online Services Agreement (the "Agreement"). By using or accessing this site, now or in the future, you automatically agree to be bound by the terms and conditions set forth below. In addition, when you click "I Agree" below, you will be consenting to electronic delivery of this Agreement and the content of this website, including the Online Service Agreement, in HTML format. To access, retain, and print this Agreement, you should use a Mozilla™ Firefox 1.0 or higher or Microsoft™ Internet Explorer 4.01 browser or higher with Java Script enabled. CONSENT TO ELECTRONIC RECORDS By clicking "I Agree" you will also be providing your electronic signature that will affirm: * You understand, agree and intend that this Agreement is a legal and binding agreement and the equivalent of a signed, written contract; and * You received, understand, and accept this Agreement and its terms and conditions, and acknowledge and agree that you are able to access this Agreement and the content of this website, including the Online Service Agreement on this web site. * You understand and agree that our use of this website is subject to the terms and conditions of this Agreement. * You understand and agree that if you click "I Agree" below, we will create an electronic record of your agreement and you will be able to continue with the registration process. If you do not agree with the terms and conditions in this Agreement, please select "Cancel" below and you will exit the registration process and you will not be able to access or use the contents of this website. Please carefully review the following terms and conditions. MODIFICATIONS OR CHANGES TO THIS AGREEMENT Furlong Vision Correction Medical Center, Inc. or its affiliates may revise the Agreement at any time, without prior written notice and you agree to be bound by all future revisions, unless you notify us within 30 days after we post the new terms and conditions on this website. If you notify us of your rejection, your access and use of this website will be terminated. It is your responsibility to visit the link at the bottom of the TLCforODs.com home page periodically to review the most current terms and conditions. For your protection and the protection of our website users, as well as Furlong Vision Correction Medical Center, Inc. and its affiliates, you agree not to facilitate the access and/or unauthorized use of the TLCforODs.com in any way, including but not limited to sharing your registration information (including passwords, usernames, and screen names) with any person outside of your practice or email or share the content of this website. In addition, you will advise your staff of the terms of use of this website. You agree and acknowledge that you are responsible for the acts of your staff. OUR LICENSE TO YOU Furlong Vision Correction Medical Center, Inc. grants you a single, non-exclusive, non-transferable, revocable, and limited personal license to access and use the TLCforODs.com website in accordance with the terms herein. This license is conditioned on your continued compliance with the terms and conditions in the Agreement. Except as otherwise stated herein, the term of the license will continue as long as you are a subscriber. In the event Furlong Vision Correction Medical Center, Inc. determines, in its sole discretion, that you are in violation of the compliance requirements of this Agreement, we reserve the right to terminate your subscription at any time without prior notice. We will try to notify you before the expiration of your subscription of your opportunity for renewal; the notification will be sent to your email address provided at the time of your registration. We agree to not use your email address for any form of mass marketing campaigns, nor will we sell your email address for any other purpose. USE OF THIRD-PARTY SERVICE PROVIDERS Furlong Vision Correction Medical Center, Inc. may use third-party service providers to assist in providing certain services without notice to you (each, a "Third-Party Service Provider"). You consent and authorize Furlong Vision Correction Medical Center, Inc. to delegate its authorizations to its Third-Party Service Provider(s) as Furlong Vision Correction Medical Center, Inc. deems necessary or desirable to provide the applicable TLCforODs.com website services to you. You agree that the terms and conditions of the Agreement, including any of the other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third-Party Service Providers, and such Third-Party Service Providers are deemed to be third-party beneficiaries of this Agreement, including any other terms, conditions, warranty disclaimers, and liability disclaimers incorporated into this Agreement. You also agree that all references to Furlong Vision Correction Medical Center, Inc. within this Agreement are also deemed to include, where applicable, Furlong Vision Correction Medical Center, Inc.'s agents, such as the Third-Party Service Providers. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES You agree to accept all communications from us regarding the use of the TLCforODs.com website at the electronic mail address you provide during registration. You agree that, when in the future you click on an "I Agree," "I Consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other device, your agreement or consent will be legal, binding and enforceable and the legal equivalent of your handwritten signature. USE OF THE TLCforODs.com WEBSITE: You agree to the following requirements which apply to your use of the TLCforODs.com website: * You will not use any electronic communication feature of the TLCforODs.com website for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, as determined by Furlong Vision Correction Medical Center, Inc. in its sole discretion. * You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights. * You will not upload, post, e-mail, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment. SECURITY OF DATA TRANSMISSIONS AND STORAGE You acknowledge that electronic (including wired and wireless) communications through the TLCforODs.com website may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic and wireless communications, and personal data, may be accessed by unauthorized third-parties when communicated between you and Furlong Vision Correction Medical Center, Inc., or between you and other parties. MONITORING BY FURLONG VISION CORRECTION MEDICAL CENTER, INC. Furlong Vision Correction Medical Center, Inc., its affiliates and agents are entitled, but not obligated, to review or retain your communications. We may monitor your communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the TLCforODs.com website, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Furlong Vision Correction Medical Center, Inc. or its Third-Party Service Providers monitor your communications and enforce or fail to enforce the rules and guidelines of the TLCforODs.com website and the terms of this Agreement. In no event will Furlong Vision Correction Medical Center, Inc. or its Third-Party Service Providers be liable for any costs, damages, expenses, or any other liabilities incurred by you or your practice as a result of any monitoring activities. DISCLAIMERS OF WARRANTIES Although Furlong Vision Correction Medical Center, Inc. {tries} [will try] to provide accurate and timely information through the TLCforODs.com website, there may be inadvertent technical or factual inaccuracies and typographical errors. Furlong Vision Correction Medical Center, Inc. reserves the right to make changes and corrections at any time, without notice. The information provided through the TLCforODs.com website is provided "as is" and "as available." Furlong Vision Correction Medical Center, Inc. does not warrant the accuracy, [legality, enforceability,] completeness, or timeliness of the information, text, graphics, links, or other items contained in the TLCforODs.com website. Furlong Vision Correction Medical Center, Inc. recommends that you contact your attorney before using any documents contained on this site. Furlong Vision Correction Medical Center, Inc. provides no guarantee against the possibility of deletion, miss-delivery, or failure to store communications, personalized settings, or other data. Furlong Vision Correction Medical Center, Inc. expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained in the TLCforODs.com website at any time and makes no commitment to update the information contained in the TLCforODs.com website. You assume the entire risk as to the use of the TLCforODs.com website. Further, Furlong Vision Correction Medical Center, Inc. makes no warranties regarding the TLCforODs.com website. Furlong Vision Correction Medical Center, Inc. and its affiliates and agents (including Third-Party Service Providers) disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, and non-infringement. Any material downloaded or otherwise obtained through the user of the TLCforODs.com website is done at your own discretion and risk and you are solely responsible for any and all losses, damages, claims, cost and expenses resulting from your use of the content of this website, including but not limited to any damage to your computer or other electronic system or loss of data that results from the download of any such material and attorney fees. No advice or information, whether oral or written, obtained by you from Furlong Vision Correction Medical Center, Inc. or through or from the TLCforODs.com website will create any warranty not expressly stated in these terms. Some states do not allow limitation on how long an implied warranty lasts, so the above limitations may not apply to you. You may have other rights, which vary from state to state. LIMITATION OF LIABILITY AND INDEMNIFICATION You agree to indemnify and hold Furlong Vision Correction Medical Center, Inc. and its affiliates, agents, employees, and licensors (including the Third-Party Service Providers) harmless from any claim, demand, loss, costs or expense, including attorneys' fees, made by any person arising out of your violation of this Agreement including, but not limited to, infringement of any copyright or violation of any proprietary or privacy right. RESTRICTIONS ON USE Except as otherwise permitted by Furlong Vision Correction Medical Center, Inc., no materials from the TLCforODs.com website, or any site owned, operated, licensed, or controlled by Furlong Vision Correction Medical Center, Inc. or its affiliates, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download materials displayed on the TLCforODs.com website solely for your non-commercial use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, copy, or post the content of the TLCforODs.com website for public or commercial purposes, including any text, images, audio, or video without Furlong Vision Correction Medical Center, Inc.'s written permission and as necessary the Third-Party Service Provider's written permission. TRADEMARKS AND COPYRIGHTS The TLCforODs.com website is owned by Furlong Vision Correction Medical Center, Inc. or its affiliates (including the Third-Party Service Providers) and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Furlong Vision Correction Medical Center, Inc. or its affiliates, licensors or agents (including the Third-Party Service Providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Furlong Vision Correction Medical Center, Inc.. Nothing contained in the TLCforODs.com website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the TLCforODs.com website without the written permission of Furlong Vision Correction Medical Center, Inc. or such third-party that may own the trademarks displayed on the TLCforODs.com website. Your use of the trademarks displayed on the TLCforODs.com website, or any other content in the TLCforODs.com website, except as provided herein, is strictly prohibited. GOVERNING LAW This Agreement is governed by the laws of the State of California, without regard to conflicts of law principles thereof. You agree to submit to the personal and exclusive jurisdiction of the federal courts located within the Northern California District of the State of California. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. CLICK "I AGREE" FOR YOUR SIGNATURE As noted above in the Consent to Electronic Records section, by clicking "I Agree," you will be signing this Agreement with a binding electronic signature, and you acknowledge that you have read and understood this Agreement's terms and conditions.