Last Updated September 1, 2011
Table of Contents
Our primary purpose in collecting personally identifiable information about you or your practice (such as name, address, phone number, or e-mail address) ("Personal Information") is to allow us to communicate with you as part of our services.We may also use this information to help us to provide services and features that most likely meet your needs, and to customize our service to make your experience easier and more efficient. We only collect Personal Information about you that we consider necessary for achieving these purposes.
If you send us personal correspondence, such as emails or letters, we may collect such information into a file specific to you.
As a matter of policy, we do not sell or rent any of your Personal Information to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your Personal Information may be disclosed in the normal scope of providing our services.
Advertisers. We aggregate (gather up data across all ECP accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you or your patients personally without your explicit consent.
Other Corporate Entities. We may sell, transfer, or otherwise disclose some or all of your Personal Information to another business entity in the event of a corporate merger, consolidation, or the sale of substantially all of our assets.
Legal Requests. Eyefinity cooperates with law enforcement inquiries, as well as other third parties, to enforce laws and help protect you and the Eyefinity community from bad actors. At times we may be required by law or legal process to disclose Personal Information about you or your practice. We may also disclose information about you or your practice if we believe that disclosure is in the public interest.
You are responsible for all actions taken with your User ID and password, including fees charged to your account. Therefore we do not recommend that you disclose your Eyefinity User ID or password to any third parties. If you choose to share your User ID and password or your Personal Information with third parties, you are responsible for all actions taken with your account and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password as detailed in Section 7.
We offer you the ability to automatically review and change the information you submit to us, including your password, by logging into the Site and entering in the new information yourself or, where prompted, by contacting Eyefinity Customer Care. You must promptly update your personal information if it changes or is inaccurate.
All users must have a User ID and password issued by the eyeVantage system. Your information is stored on Eyefinity's servers located in the United States. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption, "firewalls," and Secure Socket Layer security. However, "perfect security" does not exist on the Internet.
eyeVantage TERMS AND CONDITIONS OF USE
1. Acceptance of Terms
Eyefinity reserves the right to modify these Terms and Conditions at any time in its sole discretion. Any use of the Site or its services following modification of these Terms and Conditions will be deemed acceptance of those modifications. Please review this page periodically for the most recent version of these Terms and Conditions.
Any questions or comments regarding the Site should be directed to Eyefinity's Customer Care Department.
2. Eyefinity Services
The Site provides you with access to a wide variety of Eyefinity's and third parties' products, content, tools and services. You understand and agree that Eyefinity, at its discretion, at any time and without notice, reserves the right to modify, enhance or supplement the Site or the services. You further understand and agree that any such changes will automatically constitute part of the services and as such, will also be subject to these Terms and Conditions, unless expressly stated otherwise. You understand and agree that Eyefinity, at its discretion, at any time and without notice, reserves the right to discontinue the Site, the services, or both, including without limitation access to any content, products or services offered in connection with the Site, in whole or in part, temporarily or permanently. Eyefinity takes no responsibility and assumes no liability to you or any third party for any such modification or discontinuation.
3. Using Your Password
All content or instructions transmitted by or received from anyone presenting your password on the Site will be deemed binding on you. You agree that you are solely liable for all actions taken via your username and password, including without limitation all communications, submissions or financial obligations, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone who is not intended to have authority to act on your behalf may have obtained access to your password, change the password immediately. If you are unable to change your password, contact Eyefinity at 877-448-0707 immediately.
4. Restrictions on Use
In addition to the other restrictions provided in these Terms and Conditions, you may not, while accessing or using the Site, engage in any of the following activities: (a) provide false or misleading registration information; (b) disclose your username or password to anyone not intended to have authority to act on your behalf; (c) use the account, username, password, or personal information of another user; (d) harvest or collect information about any users of the Site; (e) use any robot, spider, site search or retrieval application or automatic device to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content; (f) modify the information, content, programs or other materials on the Site or hack into or access the Eyefinity server or Site in an unauthorized manner; (g) frame or mirror any part of the Site; (h) use the Site in a manner inconsistent with applicable laws, rules and regulations; (i) upload or input to the Site any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any portion or system of the Site; or (j) reverse engineer, decompile, disassemble, translate or otherwise alter any portion of the Site.
5. Third Party Sites, Products and Services
Eyefinity links to various external websites that are not under the control of Eyefinity and you agree that Eyefinity is not responsible for the content, products or services sold by any linked site or any link contained in a linked site. Eyefinity does not assume any responsibility or liability for the actions, products or content of all these and any other third party websites. Links are provided solely for your convenience and Eyefinity does not guarantee the accuracy or completeness of, or endorse any content of any external website. Eyefinity reserves the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and in no event will Eyefinity be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of any external website.
7. HIPAA Compliance
Please see Eyefinity’s "HIPAA Readiness Statement" posted under the eLearn tab in the HIPAA Resource Center on www.eyefinity.com.
8. Financial Relationships With Eyefinity Affiliates (Stark and Antikickback Law Compliance)
Eyefinity does not participate in or facilitate unlawful relationships under federal or state health care laws. If you have a financial relationship with any Eyefinity affiliate, contractor, service provider, employee, agent or licensor or any other party involved in creating, producing or delivering the Site or its services (the "Eyefinity Affiliates"), your relationship may cause your requests through Eyefinity to be prohibited referrals under the federal physician self-referral statute (commonly referred to as the "Stark Law") or its state law analogs. Likewise, if you solicit, receive, offer or pay remuneration, in cash or in kind, in return for the referral of patients, your activities may violate federal or state antikickback laws. We presume that you will consult with your counsel to avoid any violation of the Stark Law, its state analogs and antikickback laws. If Eyefinity learns that you have a relationship or are engaging in activities that violate any of these laws, Eyefinity will terminate your ability to access the Site.
All content on the Site, including without limitation the text, graphics, images, URLs, script, the eyeVantage logo, the Eyefinity logo and other logos, is the property of Eyefinity or its content suppliers and business affiliates and is protected under the copyright, trademark and other laws of the United States. Nothing on the Site grants you any right or license to use any of the content on the Site without the express written permission of Eyefinity. Except as may be explicitly permitted on the Site, you shall not copy, modify, display, post, upload, republish, distribute, sell, license, create derivative works from, or transmit anything you obtain or view on the Site unless you first obtain Eyefinity’s written permission.
Except with regard to personal information or Protected Health Information, as that term is defined in privacy regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), all information you post on the Site or communicate to Eyefinity through the Site (collectively, "Submissions") will forever be the property of Eyefinity. Eyefinity shall not treat any Submission as confidential and shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You hereby represent that your Submission does not infringe the rights of any third party.
10. Limitation of Liability
Regardless of the type of claim or the nature of the cause of action, you agree that in no event will Eyefinity OR the Eyefinity Affiliates be liable in any manner whatsoever (a) for any decision made or action taken or omitted by you in reliance upon the information provided through the Site; (b) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology; (c) for unauthorized access to or alterations of your third party content or other information; and (d) for any indirect, special, incidental, consequential, or punitive damages, including without limitation lost revenues, lost profits, lost data on your equipment or otherwise, which may result from the use of, access to or inability to use the Site or its services, even if Eyefinity or the Eyefinity Affiliates have been advised of the possibility of such damages. The aggregate liability of Eyefinity and the Eyefinity Affiliates arising from or relating to these Terms and Conditions (regardless of the form of action or claim) is limited to the total amount paid by you to Eyefinity during the preceding 12 months. Because some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, some of the exclusions set forth in this section may not apply to you depending on your jurisdiction.
11. Disclaimer of Warranty
Use of the Site is entirely aT your own risk. Eyefinity makes no representations or warranties about the Site and its services. the Site is provided "as is" and "as available" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Eyefinity does not warrant that the content or any information received through the Site are accurate, reliable, uninterrupted or correct; that any defects or errors will be corrected; or that the content or any information received through the Site IS free of viruses or other destructive or harmful components. Because some jurisdictions do not allow the exclusion of certain warranties, some of the exclusions set forth in this section may not apply to you depending on your jurisdiction.
You agree to defend, indemnify, and hold harmless Eyefinity and Eyefinity Affiliates from all liabilities, claims, and expenses, including without limitation attorneys’ fees, that arise from your use of the Site or any services, information or products of the Site, or any violation of these Terms and Conditions.
Your use of the Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used the Site in violation of these Terms and Conditions or for any purpose that violates local, state or federal law. Any actions in violation of these Terms and Conditions may subject you to civil and criminal legal penalties and Eyefinity reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions.
14. Choice of Law and Forum
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without reference to its choice of law rules. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive jurisdiction of the federal and state courts in the County of Sacramento, California, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. Any legal proceedings will be conducted in English.
If any provision of these Terms and Conditions is held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of any other provision. The unenforceable provision will be amended so as to best accomplish the objectives of the provision within the limits of applicable law.
16. No waiver
Neither the failure nor delay of Eyefinity to exercise any right, remedy, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor will any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by Eyefinity.