Terms and Conditions

mytlcmoment.com TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE, BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TLC Vision.

Thank you for visiting http://www.mytlcmoment.com (the “website”) which is operated by TLC Vision (“TLC Vision”, “we”, “us”, or “our”). We hope you find our website informative and enjoyable. Please read these Terms and Conditions of Use carefully because by using our website, submitting, downloading or installing any software and/or Content (as defined herein) available from or through our website (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms and Conditions, which includes and incorporates our Privacy Policy and when we refer to our Terms and Conditions of Use, we mean it shall include our Privacy Policy as well.

User Submissions

The Personal Information you submit to the website is governed by the Privacy Policy. When we use the term “Personal Information” we mean information such as your first, middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you. You agree you will not send, upload or transmit any communication or content of any type that infringes or violates any rights of any party or violate these Terms and Conditions. By submitting or otherwise exchanging communications or content, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated, and you agree that such User Content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such User Content, (ii) you explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iii) that TLC Vision is thereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. In the event of third-party claim of violation of ownership or copyright infringement against TLC Vision as the result of your transmission of User Content, you agree to indemnify and hold TLC Vision harmless for any and all damages, including attorney fees in defending any third party claim.  TLC Vision may sublicense its rights through multiple tiers of sublicenses. TLC Vision, however, is under no obligation to use the User Content.

Linking / Third Party Links on Our Website

Our website may contain links to other websites. TLC Vision does not recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party websites and is not responsible for such websites’ Terms and Conditions or privacy policies or how they may treat your information. Your use of third-party websites is at your own risk. Please be mindful of this as you link to other websites.

In general, TLC Vision does not object to links to our website from third-party websites. However, you must abide by the following rules:

  • Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our website using the plain text name of our website.
  • Do not present the link to our website in any way that suggests TLC Vision or our website has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products or services on your website, unless you have a specific written agreement with TLC Vision to do so;
  • Link only to the home page of our website
  • Do not, without TLC Vision’s written permission,: (a) incorporate any content from our website into your website (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our website in any “metatag” or other information used by search engines or other information location tools to identify and select websites.

TLC Vision will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful website, or any Web website that may adversely affect the name, reputation and goodwill of TLC Vision and its services. TLC Vision reserves the right to cancel permission to link at any time, for any reason.

Copyright Violations

TLC Vision respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TLC Vision’s Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is TLC Vision’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide TLC Vision’s Copyright Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).

DMCA Counter-Notification

If you elect to send us a Counter-Notification, please send an email or letter to TLC Vision’s registered Copyright Agent at the email or mailing address below:

(Attention General Counsel TLC Vision Centers, LLC 16305 Swingley Ridge Rd. Suite 300, Chesterfield, MO 63017)

While you may call us, this does not constitute a proper Counter-Notification to us. To be considered effective, a Counter-Notification must be submitted in writing and include the following information:

(a) Physical or electronic signature of the user or a person authorized to act on behalf of the user.

(b) Identification of the material that has been 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.

(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(d) The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of the County of Alameda, State of California and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

Complete Agreement

These Terms and Conditions, including our Privacy Policy, constitute the entire agreement between you and TLC Vision regarding the Site and supersedes any and all other terms, representations, promises or discussions. Only TLC Vision has the authority to agree to amendments to these Terms and Conditions, and to be considered binding, any amendments must be in writing and executed by TLC Vision.

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” form or via U.S. mail to: TLC Vision Centers, LLC 16305 Swingley Ridge Rd. Suite 300, Chesterfield, MO 63017

TLC VISION MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING

LASIK is a medical procedure with risks involved and isn’t right for everyone. Individual results will vary. Talk to your eye doctor and consider both the risks and benefits before having your procedure. Additional information can be found here.