Eyecheck Terms of Service




PLEASE READ OUR TERMS OF SERVICE / TERMS OF USE CAREFULLY

Welcome to the EYECHECK.COM Web site. By your accessing or using any of the following properties or world wide web sites owned by EYECHECK LLC ("SITE OWNER"), including, without limitation, www.eyecheck.com (“EYECHECK.COM”), mobile websites or applications, EYECHECK.COM profiles on social media sites and any other digital services or properties operated or used by SITE OWNER from time to time (collectively referred to as the "Sites"; all content on the Sites shall be referred to herein as “Site Owner Content”), you agree to comply with and be bound by these Terms of Use ("Terms of Use"). These Terms of Use constitute a legal and binding contract between SITE OWNER and you. Please read these Terms of Use carefully as well as the SITE OWNER's Privacy Policy. If you do not agree to the Terms of Use, you must immediately terminate use of the Sites.

1. Eligibility to Use the Sites. These Terms of Use constitute a legally binding agreement between you and SITE OWNER regarding your use and access to the Sites. The Sites are available only to individuals who are residents of the United States and who have the legal capacity to enter into legally binding contracts under applicable law and are using the Sites for personal purposes and not for commercial purposes.

2. License Grant. Upon the condition that and as long as you comply with and abide by these Terms of Use and you are an eligible person as outlined in Section 1 above, you shall be permitted to use the Sites and are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites for your noncommercial personal use and for no other purpose. SITE OWNER reserves the right to bar, restrict or suspend any user's access to the Sites, and/or to terminate this license at any time for any reason or no reason. SITE OWNER reserves any rights not explicitly granted to you in these Terms of Use.

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.

6. Additional Terms and Conditions; Click-Through Agreements. SITE OWNER's Privacy Policy, as well as any other additional terms and conditions applicable to certain portions of the Sites (collectively "Additional Terms and Conditions") are incorporated herein by reference. Before using portions or pages of the Sites, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

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.

8. Privacy Policy. For information about SITE OWNER's data protection practices and SITE OWNER's use and protection of your personal information, please read SITE OWNER's Privacy Policy which is incorporated into and made a part of these Terms of Use.

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.

You acknowledge, consent and agree that SITE OWNER may access, preserve and disclose your account information and the content you have posted if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of SITE OWNER to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Site Owner Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.

10. Exclusion of and Limitation of Liability. SITE OWNER PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE SITES AND/OR ANY SITE OWNER CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITES AND/OR SITE OWNER CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (vii) FROM ANY DELAY OR FAILURE OF THE SITES ARISING OUT OF CAUSES BEYOND SITE OWNER'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, SITE OWNER CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITES OR SITE OWNER CONTENT. IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SITES AND/OR SITE OWNER CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT SITE OWNER HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

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.

12. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless SITE OWNER Parties from and against all claims arising from or in any way related to your use of the Sites and/or SITE OWNER CONTENT, a violation by you of these Terms of Use or Code of Conduct, or any other actions connected with your use of the Sites and/or SITE OWNER CONTENT, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. SITE OWNER will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to SITE OWNER Parties other than under this Section.

13. Remedies for Breach of these Terms of Use. You acknowledge and agree that a breach of these Terms of Use shall result in irreparable damage to SITE OWNER and hereby consent to the granting of injunctive relief to enforce such provision, in addition to any other remedies available, including the liquidated damages set forth above, without the necessity of posting bond or taking other action, and the application for injunction shall be without prejudice to any other remedy provided in this Agreement or at law or in equity. In the event that SITE OWNER institutes a court proceeding to enforce these Terms of Use and prevails in such litigation, you shall be liable for the payment of, and shall pay to SITE OWNER promptly, SITE OWNER’s reasonable attorneys’ fees, court costs and ancillary expenses incurred in enforcing its rights hereunder.

14. Term and Termination. These Terms of Use will take effect at the time you begin using the Sites. SITE OWNER reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use SITE OWNER Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any SITE OWNER CONTENT in any form.

15. Arbitration; Venue; Jurisdiction. You and the Company agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing sentence, an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the state of Illinois and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The arbitration will be administered by the American Arbitration Association (“AAA”) in the City of Chicago, State of Illinois in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use.

16. Governing Law. These Terms of Use and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings. This Web site and its contents are intended to comply with the laws and regulations in the U.S. Site Owner makes no claims regarding access or use of the Sites or the Site Owner Content outside of the United States. If you use or access the Sites or the Site Owner Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

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.

18. Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

19. Complete Agreement. These Terms of Use constitute the entire agreement between you and SITE OWNER relating to the Sites.

20. Amendment and Modification of Terms of Use. SITE OWNER reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Sites. Your continuing use of the Sites shall signifies your acceptance of these Terms of Use.

21. Contact Information. If you have any questions or concerns regarding these Terms of Use or the Sites, please visit our "Contact Us" page.

These Terms of Use are effective commencing on July 12, 2017.