EyeMed Vision Care LLC Website
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE WEBSITE. BY CONTINUING TO USE THE WEBSITE, YOU AGREE YOU HAVE READ THESE TERMS AND AGREE TO THEM. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. YOU ACKNOWLEDGE THAT, IN PROVIDING YOU WITH ACCESS TO THIS WEBSITE, EYEMED HAS REASONABLY RELIED ON YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS.
EyeMed may revise these Terms at any time by updating this posting. Your continued access of and use of Website is deemed to be acceptance of all revisions to these Terms. You should view the Terms periodically because they are binding on you.
1. Use of Material / Limited License
We grant you a limited license to use the Website. Such grant does not include, without limitation: (a) any resale or commercial use of this Website or any of the contents of this Website; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Website not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Website (including any EyeMed Marks) in any form or by any means, including, but not limited to electronic, mechanical photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Website and any of the contents of the Website; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Website or to collect any Information (defined in paragraph 2, below) from the Website or any other user of the Website.
2. Limitation of Liability and Disclaimer
IN NO EVENT WILL EYEMED, ITS AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE WEBSITE, OR ANY OTHER HYPER-LINKED WEBSITE OR SOFTWARE APPLICATION, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. THE CONTENT, INFORMATION, SERVICES, MATERIALS AND GRAPHICS (“INFORMATION”) CONTAINED, DISPLAYED OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALTHOUGH EYEMED BELIEVES ALL INFORMATION IS ACCURATE AT THE TIME OF PUBLICATION, EYEMED DOES NOT WARRANT, REPRESENT OR GUARANTEE THE ACCURACY, TIMELINESS OR COMPLETENESS OF SUCH INFORMATION AND EYEMED IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION, OR RESULTS OBTAINED FROM YOUR USE OF THE INFORMATION.
3. Proprietary Materials, Copyright and Trademark
All EyeMed logos, trademarks, service marks, trade names, and other identifiers used in, or in connection with, Website (collectively, “Marks”) are the proprietary Marks of EyeMed, its affiliates, or subsidiaries. No use of any of these Marks or identifiers may be made without the prior written authorization of EyeMed.
4.Passwords and Unauthorized Use
If you have been given the option to open an account on this Website which will provide you with access to password protected portions of the Website and you elect to do so, you are responsible for maintaining the confidentiality of your user identification and password and for misuse of your Website login identifications.
As a condition of your use of the Website, you warrant to EyeMed that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
5. Scope of Use
EyeMed does not offer vision or other health advice. The information available through the Website is not intended to be used in place of your professional health care provider’s advice. If you have specific vision or health care needs, please consult a doctor or other health care professional.
6. Material Submitted to the Website
From time to time, EyeMed may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities. In such instances, EyeMed welcomes your comments regarding our services or our Website. However, any notes, messages, billboard postings, ideas, suggestions or other material which you submit to the Website must not harass, slander, malign, libel, defame threaten or otherwise violation any rights of any third-parties and must not include any profane, obscene, indecent, pornographic, defamatory or untrue material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to the Website will become, upon your submission, the sole and exclusive property of EyeMed and EyeMed shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to the Website, you are agreeing and you do agree that EyeMed has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to EyeMed. By submitting any materials of any kind to EyeMed, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to the Website does not and will not violate or infringe the rights of any third parties.
As permitted by law, you agree to defend, indemnify and hold harmless EyeMed, its affiliates and subsidiaries, and all of their respective directors, officers, employees and agents from and against any and all damages, liabilities, actions causes of action, suits, claims, demands losses, costs and expenses, including without limitation reasonable attorneys’ fees—including any incurred in enforcement of this indemnification provision—arising from or in connection with (i) your misuse of Website, or any Information contained, displayed or available therein; (ii) your violation of these Terms; or, (iii) your violation of any rights of any third party.
8. Provider Locator
EyeMed has made reasonable efforts to validate that its lists of providers displayed are up to date and accurate. Please call the provider prior to scheduling an appointment to verify that the provider continues to be part of the EyeMed Network. EyeMed shall not be liable for any losses, damages or non-covered charges as a result of using the provider locator tool or receiving care from a provider listed on our Website.
9. Availability of Website
EyeMed cannot guarantee the availability of the Website at all times. We do our best to provide continuous availability but circumstances beyond our control means there may be periods when the Website is unavailable. We reserve the right to modify, suspend or discontinue any portion of the Website, or any Information contained thereon, at any time with or without notice.
EyeMed may terminate your right to use the Website at any time if you violate any of these Terms. EyeMed reserves the right to block, delete or stop the uploading of materials and communications that EyeMed, in its sole discretion, finds unacceptable for any reason. If your right to use this Website ends, you shall make no further use of this Website or any Information obtained from this Website.
11. Hyperlinks to Third Party Materials
As a convenience, we may include hypertexts or other computer links that we do not own, control or influence. These links do not imply any endorsement or sponsorship of those websites, gain access to third party websites on the web which are not related to or maintained by EyeMed. EyeMed is not affiliated with such third party websites and is not liable for the content or privacy practices of those websites.
12. Governing Law and Jurisdiction
Any dispute arising from these Terms will be governed by and resolved in accordance with the laws of the State of Ohio, without reference to its choice of law rules. By accessing, viewing or using the Information obtained through Website, you consent to the jurisdiction of the federal and state courts in Cincinnati, Ohio, agree to accept service of process by mail and waive any and all jurisdictional and venue defenses available.
13. Non-Waiver and Integration
The failure of EyeMed to enforce any right or provision set forth herein shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between you and EyeMed with respect to your use of Website. If any part of these Terms is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect.