Eyecheck Terms of Service
3. Medical Information; DISCLAIMER. The Sites may contain general information relating to various medical conditions involving eye diseases and their treatment, as well as eye health and well being in general. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment. If you think you may have a medical emergency, call your doctor or 911 immediately. Site Owner does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites. Reliance on any information provided by Site Owner, Site Owner employees, others appearing on the Sites at the invitation of Site Owner, or other visitors to the Sites is solely at your own risk. THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER SITE OWNER, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS (COLLECTIVELY “SITE OWNER PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITES OR SITE OWNER CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (iv) SITE OWNER CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
4. Medical Information Provided by You. You may be asked to provide information regarding your retinal care specialist, ophthalmologist, optometrist or other eye care provider or health care provider (in each case, your “Provider”). One purpose of your providing information regarding your Provider is to permit the Sites to provide information to your Provider regarding the self-testing mechanisms and self-diagnostic functionality available to you for use in the Sites. By entering your Provider information into the Sites, you hereby authorize us to disclose protected health information to your Provider for the purpose of assisting your Provider in monitoring your progress and performance in these self-testing mechanisms. NEITHER SITE OWNER NOR YOUR PROVIDER ASSUMES ANY RESPONSIBILITY FOR COMMUNICATING OR RESPONDING TO ANY SELF-TESTING MECHANSIM IN ANY OF THE SITES AND EACH HEREBY EXPRESSLY DISCLAIMS ANY SUCH RESPONSIBILITY OR DUTY. In the event that you experience a decrease or change in the self-testing mechanisms, Site Owner encourages you to make an appointment with your Provider for further testing.
5. Confidential and Proprietary Information. The content of the Sites includes, without limitation: (i) SITE OWNER's and its affiliates’ trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "SITE OWNER Marks"); and (ii) information, data, materials, interfaces, computer code, databases, compilations and collections of listings and information, whether by type, size, location or otherwise, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork; and (iii) the design, structure, selection, compilation, assembly, expression, functionalities, applications, “skin,” and display and/or arrangement of any content contained in or available through the Sites (the items identified in subsections (i), (ii) and (iii) shall be collectively referred to herein as "Site Owner Content"). Site Owner Content is the property of SITE OWNER, is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. SITE OWNER has expended significant financial and other resources to develop, collect, compile, assemble and arrange Site Owner Content. For this reason, the copying, display, reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any SITE OWNER CONTENT or any derivation, collection or portion thereof by you, or by you through any other person or entity, is strictly prohibited, unless express written consent is obtained from SITE OWNER. Any use of SITE OWNER Marks without SITE OWNER's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in SITE OWNER CONTENT, including any such notices appearing on any SITE OWNER CONTENT you are permitted to download, transmit, display, print, or reproduce from the Sites.
7. Personal Login Information. Certain features and areas of the Sites are available only with registration, login, such as member account number, and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. SITE OWNER is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact SITE OWNER immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
9. User Obligations. You shall abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users. You shall, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through an SITE OWNER Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, reserves the right to terminate your access and use of the Sites. You shall not impersonate any other person or entity, whether actual or fictitious, when using the Sites. In addition you also agree that you will not use our Services to:
(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) when posting or uploading information, be respectful to other users and avoid personal attacks. We reserve the right to edit, modify or delete any posting or information; and
(g) intentionally or unintentionally violate any applicable local, state, national or international law. By posting or uploading information to the Sites, you grant an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, edit, modify and otherwise use such information or postings in connection with the Sites.
11. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 15 AND 16 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND SITE OWNER'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.