Terms of Use
Last updated: 09/17/2017
Thank you for visiting MyEyeDr.com.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING (A) THE WEBSITE OF ENTITIES CONDUCTING BUSINESS UNDER THE NAME “MYEYEDR.” (“MYEYEDR.”) HAVING A UNIFORM RESOURCE LOCATOR OF WWW.MYEYEDR.COM (THE “SITE”) AND/OR THE WEB-BASED PATIENT PORTAL HAVING A UNIFORM RESOURCE LOCATOR OF WWW.PORTAL.MYEYEDR.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”).
These Terms of Use (the “Terms”) set forth the terms and conditions under which individuals residing in the United States may access and use the Site, the Patient Portal, and all other services provided by MyEyeDr. on the Site and Patient Portal (collectively, the “Services”).
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 MyEyeDr. at any time. MyEyeDr. 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.
1. 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 MyEyeDr., 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 MyEyeDr. 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, MyEyeDr. 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 MyEyeDr. doctor or other medical professional, (C) viewing such Authorized User’s prescription, orders, or upcoming appointments, or (D) using any other functionality MyEyeDr. 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 MyEyeDr., Ownership of the Content, including the design, organization, layout, and look/feel of the Site and Patient Portal, remains with MyEyeDr.. 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 MyEyeDr. Content may contain inaccuracies or typographical errors. All rights not expressly granted herein are reserved to MyEyeDr.
MyEyeDr. 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 © 2017, MyEyeDr., 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 MyEyeDr. and, if applicable, its third party content providers.
As between you and MyEyeDr., MyEyeDr. 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.
2. Modifications to the Services. MyEyeDr. 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. MyEyeDr. 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.
3. Prohibited Conduct.
4. 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 MyEyeDr. 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 MyEyeDr. the rights in your User Generated Content described herein and to allow MyEyeDr. 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 MyEyeDr. without a license of other permission to do so.
5. Ownership and License Rights for User Generated Content.
6. Prohibited User Generated Content. You acknowledge and agree not to submit, generate, and/or transmit any User Generated Content that, in MyEyeDr.’s sole judgment, is detrimental to MyEyeDr. 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).
7. Indemnification. You agree to defend, indemnify, and hold MyEyeDr., 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.
8. Disclaimer of Warranties.
9. Limitation of Liability.
10. Privacy Policy. You hereby agree to abide by the terms of the MyEyeDr. Privacy Policy, which is located at www.myeyedr.com/privacy-policy and is hereby incorporated into these Terms.
11. 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.
12. Rights Reserved. MyEyeDr. 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 MyEyeDr. believes that your conduct violates applicable laws or is harmful to the interests of MyEyeDr.
13. Third Party Sites and Services.
14. General.
MyEyeDr. 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 MyEyeDr. 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.
15. Jurisdiction and Governing Law.
16. 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 MyEyeDr. other than the express contractual relationship provided in these Terms and any other written agreement you may enter into with MyEyeDr. These Terms constitute the entire agreement between you and MyEyeDr. 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 MyEyeDr., is a third party beneficiary to the terms of these Terms.