Privacy Notice and Terms of Service

The American Association of Doctors of Optometry (“AADO”), aka and doing business as the Union of American Eye Care Providers, welcome you to its website. AADO, through this website, sells and/or provides various Services, Information, and Products to you, all subject to the following Privacy Policy and Terms of Service (“TOS”), either of which may be updated from time to time without notice to you. By accessing and using this Website (defined below), you accept and agree to be bound by the terms and provision of the TOS and this Agreement.

Privacy Statement

AADO recognizes and respects the importance of maintaining your privacy and has established this Privacy Policy as a result. This Privacy Policy describes our information collection and use practices related to your use of the website at www.TheAADO.org (Web site).

AADO, a California Non-profit corporation, is the sole owner and operator of this Web site. AADO does not collect personal information about you without your knowledge. If you choose to provide information on the Web site through site registration, surveys or forms that information becomes the property of AADO. AADO may, in its discretion, distribute or sell information about you to business partners or other organizations.

The Website may automatically collect certain information about you based upon your behavior while visiting the Website. This information may include the Uniform Resource Locator (URL) that you just came from, which URL’s you go to (whether this URL is on the site or not), what browser you are using, what country you are in, and your IP address. The Website may collect this information and may store this information about you on our system. Any such information is subject to this Privacy Policy.

In some instances, the server may use “cookies” to provide you with better experiences while visiting the site. Cookies simply allow our Web server to recognize you when you access the Web site. They are very small text files that are placed on your hard drive (with your permission). Cookies cannot be executed as code or deliver viruses to your computer. The file is uniquely yours and can only be read by our server.

Technical and legal circumstances beyond our control could prevent the Website from ensuring that your information is not disclosed to others. For example, among other things, we may be required by law or court order to disclose information to government representatives or third parties under certain circumstances. If the requested by law enforcement officials or judicial authorities to provide information on individuals, AADO may, without your consent, provide such information. In matters involving claims of personal or public safety or in litigation where the data is pertinent, AADO may use or disclose your personal information without your consent or court process. Unauthorized parties may unlawfully intercept or access transmissions despite commercially reasonable security efforts. No website is 100% secure. Further, corporate restructurings, sale of assets, merger, divestiture and other changes of control or financial status affecting the Website may require disclosure as an incidental result of a transfer of assets by operation of law or otherwise. Therefore, AADO cannot promise, and you should not expect, that your private information shall remain private and you shall not hold the AADO liable for its failure to maintain the privacy of your information.

The Website uses commercially reasonable efforts to ensure the security of your personal information, but no method of transmitting or storing electronic data is ever completely secure, and AADO cannot guarantee that your information will never be accessed, used, or released in a manner that is inconsistent with this policy.

By using this site, you signify your agreement with this Privacy Policy and the Terms of Use (below).

Links

This Web site may contain links to other third party web sites. If you choose to use a link, please be aware that you will be leaving this Web site and remember that we are not responsible for the privacy practices or the content of any other web sites. We encourage you to read the privacy statements of each and every web site that you may be linked to through this Web site. This Privacy Policy applies solely to this Web site. The presence of a link or links to organizations on the Website should not be understood to and does not mean to imply or suggest that the organization supports or is any way affiliated with AADO. These links are provided for convenience only. AADO neither endorses nor is endorsed by any such third party organization.

Notification of Changes

AADO reserves the right to make changes to this Privacy Policy and Terms of Service. If AADO decides to change the Privacy Policy or Terms of Service, AADO will post those changes to this page so that you and our other users are informed of the nature and type of information we collect and how we use it. If we decide to collect, use or store personally identifiable information, we will make appropriate updates to this Privacy Policy. If you have any concerns that AADO might not be abiding by this Privacy Policy, you should contact AADO by email to This email address is being protected from spambots. You need JavaScript enabled to view it. .

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS AND ITS ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AADO AND ITS SUBSIDIARIES, MEMBERS, AFFILIATES, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AADO AND ITS SUBSIDIARIES, MEMBERS, AFFILIATES, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICES OR PRODUCTS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AADO OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN AND SHALL NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND ADVICE PROVIDED SHOULD NOT BE RELIED UPON IN MAKING ANY DECISIONS.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AADO AND ITS SUBSIDIARIES, MEMBERS, AFFILIATES, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AADO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE OR PRODUCTS; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (e) ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE, OR (f) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE AADO.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold AADO and its subsidiaries, members, affiliates, officers, directors, trustees, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, advice or information obtained from the Website or the AADO, or any materials you submit, post, transmit, modify or otherwise make available through this Website, your use of the Articles, Information, Products or Services, your violation of the TOS, or your violation of any rights of another.

NO UNAUTHORIZED COMMERCIAL REUSE OF SERVICES OR PRODUCTS

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Website (including Content, advertisements, and your username or account). You may not re-label, resell, or distribute without the prior written permission any materials on or from the Website, including free articles and free forms, which forms are not released into the “public domain” and remain the copyrighted property of AADO. You may use said forms solely and exclusively as the holder of a revocable license.

GENERAL INFORMATION

Entire Agreement. This constitutes the entire agreement between you and AADO and governs your use of the AADO Website and your AADO membership, superseding any prior version of this Agreement between you and AADO with respect to AADO. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services or Products.

Choice of Law and Forum. You and AADO each agree that this Agreement and the relationship between the parties shall be governed by the laws of the State of California without regard to conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Agreement or the relationship between you and AADO shall be brought exclusively in the courts located in the County of Los Angeles, California or the U.S. District Court for the Central District of California, which courts shall be the sole and exclusive subject matter and personal jurisdiction and sole and exclusive venue for any legal action between You and AADO. You and AADO agree to submit to the personal jurisdiction of the courts located within the County of Los Angeles, California or the Central District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. The sole and exclusive venue for resolution of any dispute between YOU and the AADO, whether via mediation, arbitraiton, or in a court of law, shall be Los Angeles, California.

Arbitration of Disputes. Notwithstanding any other provision of this Agreement, including the previous Choice of Law and Forum provision, by using this website you agree, unconditionally, that any claim or cause of action seeking damages or equitable, including injunctive, relief shall be subject to binding arbitration as set forth herein:

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, or arising out of or related to your membership or relationship with the AADO or your use of the AADO website, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Los Angeles, California, or another location agreed to by the parties. The arbitration shall be administered by ADR Services, Inc. (“ADR Services”). The arbitration shall be held before a sole arbitrator and shall be binding with no right of appeal.

The arbitration shall be conducted pursuant to the ADR Services, Inc. Standard Arbitration Rules, except that the substantive law of California shall be applied by the arbitrator except as otherwise set forth herein, as well as the California Evidence Code, which shall apply to the admissibility of evidence. Discovery shall be as permitted by the applicable rules of ADR Services, Inc., provided, however, the arbitrator shall have the discretion to permit any reasonable request for discovery upon a showing of good cause. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days. If no response is filed, all the allegations of the demand shall be deemed denied.

The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days of the date the demand for arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services, Inc. shall select an independent arbitrator.

The costs of the arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, and the arbitrator shall not have discretion to allocate costs, including attorneys’ fees, to either party, except if the Arbitrator determines that an action was brought without good cause, in bad faith, or for an improper purpose, in which case the Arbitrator shall have discretion to award attorneys' fees and costs to the prevailing party.

Waiver and Severability of Terms. The failure of AADO to exercise or enforce any right or provision of its Agreement with You shall not constitute a waiver of such right or provision. If any provision of the Agreement between You and AADO is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement(s) remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your username or Account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. Notwithstanding anything to the contrary contained herein, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website, services or products, or arising out of or related to your membership or any advice received from the AADO, must be filed within six (6) months after such claim or cause of action arose or be forever barred.

The section titles in his Agreement, Privacy Policy and TOS are for convenience only and have no legal or contractual effect.