Terms and Conditions of Use
Last updated: 10/15/2018
Thank you for visiting https://www.EliteVisionCareFL.com.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING (A) THE WEBSITE OF ENTITIES CONDUCTING BUSINESS UNDER THE NAME “ELITE VISION CARE FL” (“ELITE VISION CARE”). HAVING A UNIFORM RESOURCE LOCATOR OF WWW.ELITEVISIONCAREFL.COM (THE “SITE”) AND/OR THE WEB-BASED PATIENT PORTAL HAVING A UNIFORM RESOURCE LOCATOR OF WWW.ELITEVISIONCAREFL.COM THAT ENABLES YOU, AMONG OTHER THINGS, TO ACCESS AND UPDATE YOUR PERSONAL INFORMATION, VIEW SCHEDULED APPOINTMENTS, AND SUBMIT A QUESTION TO A DOCTOR (THE “PATIENT PORTAL”).
By accessing and using the Site, the Patient Portal and/or the Services, you hereby represent and warrant that you understand, agree to, and accept these Terms in their entirety. If you object to anything in these Terms, then do not use the Site, the Patient Portal or the Services.
These Terms are subject to change by ELITE VISION CARE at any time. ELITE VISION CARE will notify you about significant changes in these Terms, so that you can choose whether to continue using the Site, the Patient Portal and/or the Services. Any use of the Site, the Patient Portal and/or the Services by you after the effective date of any changes will constitute your acceptance of such changes.
- Use of the Services and Content.
The Site is for use by individuals in the United States who are at least 18 years old for informational purposes only.
The Patient Portal is for use solely by current or prospective patients of ELITE VISION CARE, or, if the patients are under 18 years old, their parents or guardians (collectively, “Patients”) who have registered on the Patient Portal by providing their name, email address, phone number, birthday and any other information requested by ELITE VISION CARE during the registration process. Each Patient that registers to use the Patient Portal will be assigned a username (usually the Patient’s email address) and will be asked to create an account password (the username and password are collectively referred to herein as the “Credentials”). Patients that successfully register to use the Patient Portal and create Credentials are referred to herein as “Authorized Users”. If you are not an Authorized User, then you may not use the Patient Portal.
Subject to these Terms, ELITE VISION CARE grants each Authorized User a worldwide, royalty-free, revocable license to (i) access and use the Site for informational purposes and (ii) use the Patient Portal solely in connection with (A) providing and/or updating such Authorized User’s medical history or personal information, (B) submitting a question to a ELITE VISION CARE doctor or other medical professional, (C) viewing such Authorized User’s prescription, orders, or upcoming appointments, or (D) using any other functionality ELITE VISION CARE makes available on the Patient Portal (collectively, the “Purpose”).
All text, graphics, images, information, content, and other materials that are accessible to you via the Site, the Patient Portal and the Services, excluding any User Generated Content as defined in Section 4 (collectively, the “Content”) are protected by copyright under both United States and foreign laws. As between you and ELITE VISION CARE, Ownership of the Content, including the design, organization, layout, and look/feel of the Site and Patient Portal, remains with ELITE VISION CARE. Content made available via the Site may only be used for informational purposes. Content made available via the Patient Portal may only be used in connection with the Purpose. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features of the Site, the Patient Portal and the Services are subject to change or termination without notice in the sole discretion of ELITE VISION CARE Content may contain inaccuracies or typographical errors. All rights not expressly granted herein are reserved to ELITE VISION CARE.
ELITE VISION CARE authorizes you to view, download, or print a reasonable number of copies of the Content solely in connection with the uses authorized in Section 1(d), provided that you include the following copyright notice: “Copyright © 2018, ELITE VISION CARE, All Rights Reserved”, as well as any other copyright and proprietary rights notices that are contained in the Content. Except as otherwise expressly permitted herein, you may not copy, download, print, remove, publish, redistribute, modify, transmit, display, sell, prepare derivative works based on, or in any way exploit any Content without the express written permission of ELITE VISION CARE and, if applicable, its third party content providers.
As between you and ELITE VISION CARE, ELITE VISION CARE owns and retains all right, title and interest, including, without limitation, all rights of copyright, patent, trademark, trade secret, and any other equivalent rights under applicable law, and all registrations, applications, renewals, extensions, continuations, divisions, reissues, or improvements thereof relating to the foregoing rights (collectively, “Intellectual Property Rights”), in and to the Site, the Patient Portal, the Services and all Content. Except as expressly provided in these Terms, you will not, through use of the Site, the Patient Portal or the Services, by virtue of these Terms or otherwise, acquire any rights whatsoever in the Site, the Patient Portal, the Services or the Content.
If you violate any of these Terms, your permission to use the Site, the Patient Portal, the Services and Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
- Modifications to the Services. ELITE VISION CARE reserves the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to the Site, the Patient Portal, and/or the Services or any part thereof without notice. ELITE VISION CARE will not be liable to you or any third party for any such modification, suspension, discontinuance or removal of the Site, the Patient Portal, the Services or any Content contained therein.
- Prohibited Conduct.
In your use of the Site, the Patient Portal and the Services, you agree to act responsibly in a manner demonstrating the exercise of good judgment. In addition to the foregoing, you agree not to:
Use the Site, the Patient Portal or the Services for any purpose in violation of local, state, national, or international laws
Access, use, redistribute, republish or exploit the Content for any purpose other than the explicitly authorized herein;
Infringe or violate the rights of any third party, including without limitation, intellectual property (i.e., patent, trademark, copyright, etc.), privacy, publicity or contractual rights;
Engage in spidering, “screen scraping”, “database scraping”, harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site, the Patient Portal or the Services, including without limitation any information residing on any server or database connected to any of the foregoing;
Interfere with, interrupt, damage, disable, overburden, or impair the Site, the Patient Portal or the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
Attempt to gain unauthorized access to other computer systems through the Site, the Patient Portal or the Services;
Alter information on or obtained from the Site, the Patient Portal or the Services;
Use the Site, the Patient Portal or the Services to transmit or receive illegal, pornographic, sexually explicit or derogatory material;
Use the Site, the Patient Portal or the Services to harass, stalk, intimidate or threaten any person; or
Assist any third party in doing any of the foregoing.
You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site, the Patient Portal, the Services or any Content, or make any unauthorized use thereof. You agree that you shall not use the Site, the Patient Portal or the Services in any manner that could damage, disable, overburden, or impair the Site, the Patient Portal or the Services or interfere with any other party’s use and enjoyment of the any of the foregoing.
- User Generated Content. You have the ability to use the Patient Portal and the Services to submit certain information, including medical history information, and to submit questions to a ELITE VISION CARE doctor (collectively referred to as “User Generated Content”). By submitting User Generated Content, you hereby represent and warrant that:
You own all rights in your User Generated Content and/or you have obtained all necessary rights in your User Generated Content to enable you to grant to ELITE VISION CARE the rights in your User Generated Content described herein and to allow ELITE VISION CARE to exercise all rights to such User Generated Content;
You have paid and/or will pay all fees and other obligations, of any kind, relating to any use of your User Generated Content;
Your User Generated Content is not defamatory in nature, and the use of your User Generated Content does not infringe the Intellectual Property Rights, privacy, rights to publicity or any other legal or moral rights of any third party;
You will not stalk, threaten, harass, or invade the privacy of other users of the Site, the Patient Portal, the Services or others;
Your User Generated Content will not constitute, aid, or encourage conduct that is a crime, tort, civil offense, or otherwise violates any laws, rules or regulations.
You will not use any trademark or any copyrighted material owned by ELITE VISION CARE without a license of other permission to do so.
- Ownership and License Rights for User Generated Content.
Subject to the non-exclusive rights you grant to ELITE VISION CARE under these Terms, you retain ownership of your copyrights and other intellectual property or proprietary rights in your User Generated Content.
You hereby grant to ELITE VISION CARE a worldwide, royalty-free, fully paid up, perpetual, freely-transferable, freely sublicensable, non-exclusive license to use, reproduce, modify, transmit, publicly perform, distribute, display, and create derivative works from your User Generated Content as useful or necessary in ELITE VISION CARE’s business and/or to operate the Services, in any form, media, or technology.
- Prohibited User Generated Content. You acknowledge and agree not to submit, generate, and/or transmit any User Generated Content that, in ELITE VISION CARE’s sole judgment, is detrimental to ELITE VISION CARE or other users of the Site, the Patient Portal or the Services, including content that appears to be:
Untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable;
Infringing or alleged to be infringing upon a third party’s rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third party claim of infringement;
Of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information;
Unsolicited, undisclosed or unauthorized advertising;
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;
Data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or
In violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
- Indemnification. You agree to defend, indemnify, and hold ELITE VISION CARE, its managing entities, their officers, directors, employees, agents, licensors, and suppliers, as well as other users of the Site, the Patient Portal and the Services, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your use of and access to the Site, the Patient Portal and the Services; (ii) your use of the Content; (iii) your User Generated Content; or (iv) your violation of any of these Terms. This defense and indemnification obligation will survive these Terms and your use of the Services. Each indemnified party reserves the right, at your cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the indemnified party in asserting any available defenses.
- Disclaimer of Warranties.
YOUR USE OF THE SITE, THE PATIENT PORTAL, THE SERVICES AND THE CONTENT IS AT YOUR OWN RISK.
ELITE VISION CARE AND ITS MANAGING ENTITIES ARE NOT RESPONSIBLE FOR ANY VIRUSES OR OTHER ROUTINES THAT HARM YOUR COMPUTER OR SOFTWARE, WHICH YOU MAY COME IN CONTACT WITH WHILE USING THE SITE, THE PATIENT PORTAL OR THE SERVICES; NOR IS ELITE VISION CARE OR ITS MANAGING ENTITIES RESPONSIBLE FOR ANY FAILURE, MECHANICAL OR OTHERWISE, OF THE SITE, THE PATIENT PORTAL, THE SERVICES OR ANY CONTENT. FURTHERMORE, WHEN USING THE SITE, THE PATIENT PORTAL OR THE SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF ELITE VISION CARE AND ITS MANAGING ENTITIES. ACCORDINGLY, ELITE VISION CARE AND ITS MANAGING ENTITIES ASSUME NO LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION OR MATERIAL TRANSMITTED TO OR RECEIVED FROM THE SITE, THE PATIENT PORTAL OR THE SERVICES.
THE SITE, THE PATIENT PORTAL AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ELITE VISION CARE AND ITS MANAGING ENTITIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
ELITE VISION CARE AND ITS MANAGING ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, THAT THE CONTENT IS ACCURATE, RELIABLE, CURRENT OR CORRECT; THAT THE CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability.
IN NO EVENT SHALL ELITE VISION CARE, ITS MANAGING ENTITIES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, LICENSORS, CONTRACTORS, AND AGENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESUTLING FROM THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SITE, THE PATIENT PORTAL, THE SERVICES OR YOUR USE OF THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELITE VISION CARE, ITS MANAGING ENTITIES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, LICENSORS, CONTRACTORS, AND AGENTS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES, AND IF THE ABOVE LIMITATION DOES NOT APPLY TO YOU, YOU ACKNOWLEDGE AND AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF ELITE VISION CARE AND ITS MANAGING ENTITIES TO YOU ARISING OUT OF THESE TERMS AND THE SITE, THE PATIENT PORTAL AND THE SERVICES SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).
Without limiting Section 9(a), any claims arising from the Terms, the Site, the Patient Portal, the Services, and/or the Content must but brought within one (1) year of the date the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
- Acknowledgement. YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE PATIENT PORTAL, AND THE SERVICES ARE NOT INTENDED TO BE USED BY PATIENTS TO COMMUNICATE IN THE EVENT OF AN EMERGENCY. ACCORDINGLY, YOU AGREE THAT YOU WILL NOT USE THE SITE, THE PATIENT PORTAL OR THE SERVICES AS A REPLACEMENT FOR 911 OR ANY OTHER EMERGENCY COMMUNICATION SYSTEM.
- Rights Reserved. ELITE VISION CARE reserves the right to refuse service or terminate your access to the Site, the Patient Portal and/or the Services or any features of the foregoing, including, without limitation, if ELITE VISION CARE believes that your conduct violates applicable laws or is harmful to the interests of ELITE VISION CARE.
- Third Party Sites and Services.
The Site, the Patient Portal and the Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ELITE VISION CARE and ELITE VISION CARE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ELITE VISION CARE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ELITE VISION CARE of the site or any association with its operators.
Certain services made available via the Site, the Patient Portal and the Services are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, the Patient Portal and/or the Services, you hereby acknowledge and consent that ELITE VISION CARE may share information and data you submit with any third party with whom ELITE VISION CARE has a contractual relationship to provide the requested product, service or functionality on behalf of ELITE VISION CARE’s customers and users of the Site, the Patient Portal and/or the Services.
ELITE VISION CARE makes no claims that the Site, the Patient Portal, the Services and the Content are appropriate or may be downloaded outside of the United States. If you access the Site, the Patient Portal, the Services and/or the Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Accessing and/or using the Site, the Patient Portal and/or the Services constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that ELITE VISION CARE provides to you electronically on the Site, the Patient Portal or via the Services satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that you are responsible for all activity conducted via the Site, the Patient Portal and/or the Services using your Credentials. You agree to keep your Credentials in strict confidence and not to disclose your Credentials to any third party.
If any of the provisions contained in these Terms are determined by a court of competent jurisdiction or by any arbitration panel to which a dispute is submitted to be invalid, illegal, or incapable of being enforced, then such provision, with such modification as shall be required in order to render such provision not invalid, illegal or incapable of being enforced, shall remain in full force and effect, and all other provisions contained in these Terms shall, nevertheless, remain in full force and effect to the fullest extent permissible by law.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The provisions of these Terms which by their nature are intended to survive the expiration or termination of these Terms, including without limitation Section 1(d), Section 1(f), Section 1(g), Section 5, Section 7, Section 8, Section 9, Section 11, Section 12, Section 14, and Section 15 shall survive termination or expiration of these Terms for any reason.
- Jurisdiction and Governing Law.
All disputes between you and ELITE VISION CARE (or any other third party) regarding these Terms, the Services, and the Content shall be submitted to mandatory, final and binding arbitration before a single arbitrator selected pursuant to the Judicial Arbitration and Mediation Services’ Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), and any such arbitration shall be conducted in Fairfax County, Virginia. The arbitration shall be conducted in accordance with the provisions of the JAMS Rules in effect at the time of filing of the demand for arbitration.
These Terms are governed by the internal substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. To the maximum extent permitted by the governing law, these Terms and the transactions between ELITE VISION CARE and you through the Services shall not be governed or affected by any version of the Uniform Computer Information Transactions Act enacted in any jurisdiction.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both parties otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Complete Agreement. You acknowledge that by using the Site, the Patient Portal and/or the Services, no confidential, fiduciary, contractually implied, or other relationship is created between you and ELITE VISION CARE other than the express contractual relationship provided in these Terms and any other written agreement you may enter into with ELITE VISION CARE. These Terms constitute the entire agreement between you and ELITE VISION CARE with respect to the use of the Site, the Patient Portal, the Services and the Content. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Capital Vision Services, LP, which has entered into management agreements or other similar arrangements with ELITE VISION CARE, is a third party beneficiary to the terms of these Terms.