| Welcome. |
| Hello and welcome to this website (“Site”). This website consists of information and services provided by VuePoint IDS Inc. (VuePoint), publishers of Optik, Optik NOW, Optik INFO, Optik XTRA. These terms apply to everyone who visits this Site, and explain what you can do, what we can do, and what happens if one of us doesn’t follow the terms. Please note that there may be terms contained herein from time to time that are not applicable to you based on your specific use of the site. We encourage you to read our terms and be sure that you are using our Site appropriately. These terms and conditions are a legally enforceable contract between you and VuePoint. |
| What you can do on our Website |
| Read and Share Content
OptikNOW.ca provides content prepared by VuePoint and, occasionally, content that is repurposed with permission from other copyright owners not affiliated with VuePoint (see below). Where provided for, you may share this content using the share widget provided. Where indicated you may also comment on the content. All comments are subject to review and VuePoint retains the exclusive right to accept or reject any such comments at its sole discretion and without notice. |
| View Third Party Content
Sections of our website may contain 3rd party content which is curated from various 3rd party social media and website sources. The source of such content is clearly indicated. While VuePoint seeks to provide trusted partner brand content, e.g. from Industry stakeholders and advertisers, VuePoint is not responsible for any claims or misrepresentations made by third party content providers. Inquiries regarding such content should be directed to the third-party content provider. |
| Subscribe to our Publications. Through our website you may subscribe or unsubscribe to any of our various print and digital publications. We aim to clearly identify the name of the publication to which you subscribe, the expected frequency of delivery of the publication and the nature of the content contained within the publication. Some of our publications are subject to voluntary circulation audit. Circulation information, in aggregate, is reported to the auditor and within our commercial rate card. Specific subscription information collected on a limited statistical basis, may be requested by a third-party auditor, in which case personal information including name, address and contact information may be provided to the auditor for verification of our circulation. Our auditor’s privacy policy is available upon request.Personal information including name and address are also provided to our mailing house service provider to have accurate delivery of magazines according to your subscription requests. |
| Contribute Comments.
We claim no intellectual property rights over the material you provide to the Site through comments to blog posts. Your profile and materials uploaded remain yours. VuePoint and its employees are not responsible for any of the content that is placed on this platform or in any related Services, or for how any of the information is used. VuePoint have the right in their sole discretion to refuse or remove any Content that is available via the Site. |
| Submit Classified Advertising Requests
Visitors may apply to post a classified ad through the Classified section of the site. All classified ads are subject to review by VuePoint and we retain the right to accept or reject the ad at our sole discretion. Please note that is a Paid service and those wishing to advertise may be contacted to pay a fee prior to acceptance and publishing the submitted ad. |
| View Event Calendar Entries
The site also provides an event calendar. Event information is provided by third parties and VuePoint cannot confirm the accuracy of event details, but we do take reasonable measures to ensure that events are accurate and have up to date information. Industry stakeholders are encouraged to contact us at Editorial@Vuepoint.ca in order to provide event information. VuePoint may decide, at its own discretion and without reason to publish or not publish specific event information. |
| Participate in Contests and Surveys.
From time to time, VuePoint may post information about surveys and contests. The contest rules will be specifically set out for each specific contest and users are responsible to review contest rules and agree to abide by these or not enter the contest. Also, occasionally VuePoint will post information about a survey which may or may not be in conjunction with a survey. Unless otherwise indicated, information collected in such surveys are held in strict confidence and personal information is not disclosed to any third party. Information collected in such surveys may be used to enhance the site user experience and to provide information that is more relevant to the user. However, under no circumstances will individual personal information be disclosed to any third party. |
| We are responsible for: |
| Protecting everyone’s privacy. Suffice it to say we take your privacy seriously. One of our most closely held beliefs is that the personal data that you share with us, for example, when subscribing to any of our service, including e-mail news services will not be shared with any third party unless you expressly agree.
We do not sell nor provide personal information that is provided to us to any third party at any time. |
| URL AND IP ADDRESS
Like many other websites, we collect information about our users’ utilization and navigation of our site. This information helps us to design our site to better suit our users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our site, analyze trends, track visitor movements, and gather usage information that assists us in identifying visitor preferences. |
| COOKIES AND PIXEL IMAGES
Cookies are pieces of data that a website transfers to a user’s hard drive. Transparent pixel images are used in collecting information about e-mail response and tracking. These are called web beacons. The site uses cookies and web beacons to provide enhanced functionality on the site (e.g., user ID and password prompts) and aggregate traffic data. Our site also captures limited information about visits to our site; we may use this information to analyze general traffic patterns and to perform routine system maintenance. All major browsers allow you to block or delete cookies from your system. To learn more about your ability to manage cookies and web beacons, please consult the privacy features of your browser. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. |
| TERMS OF USE |
| Disclaimer |
| By accessing or using this website (the “Site”), you accept the terms of use contained herein (the “Terms of Use”). If you do not agree to be bound by all of the Terms of Use, you are not authorized to access or otherwise use the Site. VuePoint will have the right, at its sole discretion, to modify, add or remove any terms set out in these Terms of Use, and any other policies or guidelines governing the Site, without notice or liability to you. Any changes to these Terms of Use will be effective immediately following the posting of such changes on the Site. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Site following changes to these Terms of Use constitutes your acceptance of all such changes. If you do not agree to any changes to these Terms of Use, you agree to immediately discontinue your use of the Site. |
| Intellectual Property Notice |
| ©2018 VuePoint IDS INC. All rights reserved, worldwide. VuePoint is a privately held Canadian Corporation registered in the Province of Ontario with offices in Ontario and Quebec, Canada. |
| The features of our Site, and its arrangement and architecture, as well as the content, such as text, graphics, images, logos, button icons, software and other material including without limitation compilations, surveys, comparison reports or other data aggregation conducted on the Site (collectively, the “Content”), are protected under Canadian, United States, and international copyright, trademark and other laws. All Content is the property of VuePoint, its content suppliers, advertisers and/or sponsors.
Unauthorized use of the Content may violate copyright, trademark, and other laws. You are prohibited from copying or adapting the HTML code that VuePoint creates to generate the pages comprising the Site. This HTML code is also protected by copyright. |
| Limited License |
| We grant you a limited license to display on your computer, print, download and use the Content and materials that is made available to you on the Site, for your own non-commercial, personal, or education uses only, provided that you do not modify any content. |
| No other use is permitted. Without limiting the generality of the foregoing, you may not: |
| a. Make any commercial use of such Content; |
| b. Include such Content in or with any product that you create or distribute; |
| c. Scrape or mine data from our website either manually and or through use of data scrapping technologies. |
| c. Copy such Content onto your or any other website without the express and written permission of VuePoint. |
| Trade-Marks |
| “OPTIK”, “OPTIK NOW” “OPTIK INFO”, OPTIK XTRA, “VUEPOINT” and any other VuePoint logo, including but not limited to “EYEPLOYMENT”, “IPLOYMENT”, “CANADIAN EYE CARE BUSINESS REVIEW”, “EYE CARE UPDATE” and “TMAG” and the associated logos on the website are the trademarks of VuePoint IDS Inc. These terms of use apply to any VUEPOINT website which is linked from this website.
The names of all other companies, products and services mentioned on our website are the trademarks of their respective owners. The display of trademarks or trade names on this website does not convey or create any licence or other rights in these marks or names. Any unauthorized use of them is strictly prohibited. |
| No Warranties |
| VUEPOINT have made reasonable efforts to ensure that the materials contained on this Site are accurate, we do not guarantee the Site will be available without interruption, errors or omission or that the Site and the servers(s) that make it available are free from viruses or other harmful components. |
| THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VUEPOINT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. Fit First and VUEPOINT MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. |
| IN NO EVENT SHALL VUEPOINT, THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, THEIR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Fit First and/or VUEPOINT ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF VUEPOINT HAVE BEEN NEGLIGENT OR BOTH. |
| Limitation of Liability |
| TO THE FULLEST EXTENT ALLOWED BY LAW, VUEPOINT, THEIR DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, (B) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE (C) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICES, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (E) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES OFFERED ON THE SITE, EVEN IF VUEPOINT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF VUEPOINT HAS BEEN NEGLIGENT OR BOTH. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VUEPOINT’s LIABILITY IS LIMITED, AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO FOR THE SERVICES UNDER THE ORDER THAT IS THE SUBJECT OF THE CLAIM IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. ANY DAMAGE IN YOUR FAVOR AGAINST and/or VUEPOINT SHALL BE REDUCED BY ANY REFUND OR CREDIT RECEIVED BY YOU UNDER THE AGREEMENT AND ANY SUCH REFUND AND CREDIT SHALL APPLY TOWARDS THE LIMITATION OF LIABILITY. |
| Hypertext Links |
| The Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by VuePoint of the contents on such third-party sites. VUEPOINT is not responsible for the content of any linked third-party sites and do not make any representations or warranties, either express or implied regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk. It is your responsibility to check the Uniform Resource Locator (URL) address provided in your world wide web browser to see if you are still in an VuePoint operated website or have moved to a third party website. |
| General |
| VUEPOINT makes no claim that the Site or the Content may be lawfully viewed or downloaded outside of the United States or Canada. Access to the Site or the Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your applicable authority. |
| These Terms of Use are governed by the laws of the Province of ONTARIO and the laws of Canada applicable therein, without giving effect to the principles of conflicts of law thereof. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts of the Province of ONTARIO, Canada, sitting in the city of GUELPH and you hereby submit to the exclusive jurisdiction of those Courts. |
| If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. |
| No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. |
| Except as expressly provided in additional terms or conditions of use for particular areas of the Site, a particular legal notice, or software license or material on particular pages of the Site, these Terms of Use constitute the entire agreement between you and with respect to your use of the Site. |
| Updated: April 21, 2018. |
