Last Updated: April 9, 2020
A user of the Website is also referred to as either “User,” “you,” or “your.”
Please note, if you have entered into any other agreement with EyecareLive, including accepting any other terms of service or license agreements that may be specific to a EyecareLive’s offering to you, you will be subject to those agreements (“Related Agreements”) in addition to these Website Terms. In case of a conflict between these Website Terms and the Related Agreements, the Related Agreements will take precedence.
THESE WEBSITE TERMS GOVERN YOUR USE AND ACCESS OF THE EYECARELIVE’S WEBSITE AND SERVICES.
IF YOU DO NOT AGREE WITH THESE WEBSITE TERMS, DO NOT REGISTER OR USE OUR WEBSITE OR THE SERVICES THEREUNDER. BY USING OR ACCESSING OUR WEBSITE OR THE SERVICES OFFERED HEREWITH, YOU AGREE TO ACCEPT AND BE BOUND BY THESE WEBSITE TERMS.
1. ABOUT EYECARELIVE
EyecareLive is a company registered in Delaware that focuses on developing state of the art telemedicine platforms and applications that assist users and doctors to easily interact with each other. EyecareLive currently has several service and platform offerings. However, these Website Terms govern the EyecareLive Platform, App, and Services.
2. ABOUT EYECARELIVE
EyecareLive is the world's leading telemedicine platform for Optometrists and Ophthalmologists. Our secure platform is complaint with Health Information Portability Account Act (“HIPAA”) and Personal Information Protection and Electronics Document Act (“PIPEDA”) and enables eye doctors to provide remote care for their patients. EyecareLive can be accessed online by participating doctors and can be downloaded for free by patients as an app for their smartphone (“App”).
Please visit the Apple Store at Click here and the Android Play Store at Click here to download and use the Patient App. If you have any questions about the EyecareLive Platform, App or Services, please send us an email at [email protected].
3. USE OF OUR WEBSITE, PLATFORM, AND SERVICES
Before you use or access our Website, you must read and agree to these Website Terms. By accessing, using, or downloading materials from the Website you agree to follow and be bound by these Website Terms. All rights, title, and interest not expressly granted hereunder are reserved.
You may use our Platform and Services only if you “Register” with us.
4. CREATING AN ACCOUNT
When you register on the Website or App, you may be required to give us your full name, email address, phone number, date of birth, mailing address, and other demographic information and create a user name and password (collectively an “Account”). Keep your user name and password private and confidential and do not share your user name or password with other persons. You are responsible for and agree to defend, indemnify, and hold us harmless for any liability resulting from others using your user name and password, whether or not you authorized them to do so. You authorize us to share the demographic information you provided during registration with others who assist in our provision of Services, including, for example, with companies who process billing and collections for us. To register with our Website or App, you must be at 18 years of age. Please do not register for our Website or App or use our Platform or Services if you are not 18 years of age, and please do not create an Account with us.
5. TERRITORIAL RESTRICTIONS
Our Website and App are accessible worldwide. However, our Website, App, Platform, and Services are available for use in the United States (“US”), Canada, and some other countries other than in the European Union, European Economic Union, and Switzerland (collectively “Europe”). Notwithstanding, the data collected for your Account will be transferred and processed in the US or Canada under US and/or Canada privacy and secrecy laws. The US and Canadian laws may not be equivalent to the laws in the country of your residency. If you are concerned that laws of your resident country will not be followed, please do not register for our Services, Platform, Website, or App, and please do not create an Account with us.
6. USE BY MINORS
Our Platform and Services are not available to individuals who are under the age of 18. Specifically, our Platform and Services, and our Website, do not knowingly collect information for individuals under 18 years of age. If we learn we have collected or received personal information for an individual under the age of 18, we will only use that information to respond directly to that child (or a parent, legal guardian or personal representative) to inform him or her that he or she cannot use our Service, and subsequently we will delete that information from our own servers. If you believe we might have any information from or about an individual under the age of 18, please contact us at [email protected] If you are under the age of 18, please do not register for our Website or use our Platform or Services, and please do not create an Account with us.
All comments, feedback, information, or materials submitted to us by you through or in association with this Website shall be considered non-confidential and our property. By submitting comments, feedback, information, or materials to EyecareLive, you agree to a free assignment to EyecareLive of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the comments, feedback, information, or materials. EyecareLive shall be free to use such comments, feedback, information, or materials on an unrestricted basis.
8. LINKS TO THIRD-PARTY SITES
9. COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website or App violates your copyright, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”) must be provided to our designated Copyright Agent. It is our policy to terminate the accounts of repeat infringers.
* Your physical or electronic signature;
* Identification of the copyrighted work(s) that you claim to have been infringed;
* Identification of the material on our services that you claim is infringing and that you request us to remove;
* Sufficient information to permit us to locate such material;
* Your address, telephone number, and e-mail address;
* A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
The EyecareLive’s Copyright Agent to receive the DMCA Takedown Notices is Raj Ramchandani, EyecareLive, Inc. Attn: DMCA Notice, 1010 W Fremont Avenue, Sunnyvale, California 94087. You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
10. WARRANTIES AND DISCLAIMERS
The information, software, products, and services contained on this Website may be out of date or include omissions, inaccuracies, or other errors. Except where expressly provided otherwise in an agreement between you and EyecareLive, all information, software, products, and services are provided “as is” without warranty of any kind. EyecareLive hereby disclaims all warranties with respect to this information, software, products, and services, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose. In no event shall EyecareLive be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data, or use, incurred by you or any third-party, whether in action in contract or tort, arising from your access to, or use of, this website or any other hyperlinked site.
EyecareLive reserves the right to make changes or updates to this website or the products or programs described in this website at any time without notice.
11. LIMITATION OF LIABILITY
YOU FURTHER EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EYECARELIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE EYECARELIVE DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EYECARELIVE’S WEBSITE; ITS SERVERS; OR E-MAIL SENT FROM THE EYECARELIVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE EYECARELIVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE EYECARELIVE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute, claim or controversy arising out of or relating to these Patient App Terms, including the determination of the scope or applicability of these Patient App Terms to arbitrate, shall be determined by arbitration in Santa Clara County in the State of California before one arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THESE PATIENT APP TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. THE PARTIES AGREE THAT THEY ARE WAIVING THEIR RIGHT TO PARTICIPATE IN CLASS ACTION. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
12. GOVERNING LAW, ARBITRATION, AND JURISDICTION
All matters relating to your access to, or use of, this Website shall be governed by U.S. federal law or the laws of the State of Delaware.
Any dispute, claim or controversy arising out of or relating to these Website Terms, including the determination of the scope or applicability of these Website Terms to arbitrate, shall be determined by arbitration in Santa Clara County in the State of California before one arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THESE WEBSITE TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. THE PARTIES AGREE THAT THEY ARE WAIVING THEIR RIGHT TO PARTICIPATE IN CLASS ACTION. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You may not access, download, use, or export the information, software, products or services contained on this website in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.
In the event any provisions of these Website Terms are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of these Website Terms.
If you have any questions concerning legal matters, trademarks, copyrights, or patents, contact EyecareLive, Inc. at [email protected]