Terms of Use
LEGAL NOTICE
By using the company website or any website (collectively “Website”) owned and maintained by Davis
Vision Inc. (“Davis Vision”) or its subsidiaries, you agree to abide by the
following Terms and Conditions of Use (“Terms of Use”). If you do not agree to
all of these Terms of Use, do not use the Website.
Davis Vision may revise and update these Terms of Use at
any time at its sole discretion. Continued use of the Website constitutes your
continued acceptance of the Terms of Use, as amended.
Use of Material
The contents of the Website are protected by copyright.
Unauthorized use may violate copyright, trademark, and other laws. Davis Vision
authorizes you to view and download materials on the Website solely for your
own use. All copyright and other proprietary notices must be maintained on any
copies you make. Davis Vision does not authorize you to sell, modify, or
otherwise use the Website for any public or commercial purposes without the
prior written permission of Davis Vision or as otherwise expressly permitted
herein.
The Website may not be used in violation of any laws or
otherwise proscribed manner, including without limitation, those pertaining to
the fraud and abuse or anti-kickback provisions of federal and state Medicare,
Medicaid, and insurance laws.
You acknowledge and agree that Davis Vision may terminate
your access privileges without notice to you for any reason, including without
limitation: (a) illegal use of the Website and (b) action otherwise found
objectionable by Davis Vision.
Links and references to third party websites are not
endorsement of such products, services, or contents and are not intended to
result in any referrals or compensation to you or Davis Vision.
This Website Does Not
Provide Medical Advice
Davis Vision makes the Website available for the sole
purpose of providing general education information on health and vision related
issues and providing access to such resources. The Website and its health and vision related information and resources are not intended to
be a substitute for professional medical advice or for the care that patients
receive from their health care providers. Nothing in this site is intended to
be used for medical diagnosis or treatment nor does Davis Vision recommend or
endorse the information mentioned on this Website. The Website and its health
and vision related information are not intended, and must not be taken, to be
the rendering of medical or processional health advice or services, or the
practice of medicine, optometry, or any other professional health care.
Always seek the advice of your health care provider
before beginning any treatment or if you have any
questions regarding a medical and/or ocular condition.
You should not disregard medical advice, or delay seeking medical advice,
because of something you read in this Website. If you think you may have a
medical emergency, call your health care provider or 911 immediately.
Children’s Privacy
The Website is not intended or designed to attract
children under the age of 13. Davis Vision does not collect Personally Identifiable Information (PII) from
any person we know is under the age of 13. Some of the content on this Website
may not be appropriate for children. Parents or guardians are solely
responsible for providing supervision of minors’ use of this Website.
Use of this Website is also governed by our Privacy
Notice, available here, which is incorporated into
this
Terms of Use by reference.
Collection of
Personal and Personally-Identifiable Information (PII)
All Personal and Personally-Identifiable Information you
submit to Davis Vision is governed by the Davis Vision Privacy Policy. Any inconsistency between the
Terms of Use and the Davis Vision Privacy Policy shall be governed in favor of the Privacy Policy.
Your use of the Website determines whether or not we
collect any Personally-Identifiable Information from you, and how much
information we collect. For purposes of this Terms of Use,
Personally-Identifiable Information is defined as any data collected by Davis
Vision that can be tied to you for purposes of contacting, identifying or
locating you.
Davis Vision does not collect any personal or
personally-identifiable information from Visitors. For the purposes of this Terms of Use, Visitors are those
individuals who casually browse the Website and do not enter the User ID and
Password issued by Davis Vision which is necessary for accessing non-public
content.
Davis Vision only collects Personal and
Personally-Identifiable Information from Subscribers and Members. For purposes
of this Terms of Use, Subscribers and Members are those individuals who
subscribe to Davis Vision products and have been issued a User ID and Password,
or are otherwise eligible to register for a User ID and Password due to
possession of unique identifiers based on existing subscriptions to a Davis
Vision product.
If you are, or choose to become, a Subscriber/Member,
your enrollment serves as an express opt-in, giving affirmative consent to
participate in any activity or function of the Website. Such consent shall last
the entire duration of your subscription to Davis Vision products.
When accessing the Member website, minimal Personally-Identifiable
Information is collected. To register
for access, you must supply the Member’s unique identification number,
the Member’s last name and the Member’s
date of birth. To access certain areas of the Member website after log
in, personally identifiable information is required, specifically the user’s
date of birth and first name. This information is collected as a means of
authenticating and identifying the Subscriber/Member to allow access to the
available information and services on the Member website.
The Personally Identifiable Information collected by
Davis Vision is used solely for the purpose of
providing vision care products and services to you,
unless otherwise granted express permission by you to use the information for
additional purposes.
Failure to opt-in or provide the required minimum Personally-Identifiable
Information results in the inability to access certain non-public contents
(e.g. Member website, etc.).
Davis Vision already has access to the information
collected and compares the information on the Davis
Vision enrollment files to the information presented by
the user to verify membership and authenticate the user. If disclosures of any
personal information are made outside of this authentication and verification process,
the information is not required and the user may choose to omit the
information.
Members may opt-out of providing such information, at their
discretion, by either foregoing use of the Member website or by ceasing
subscription to Davis Vision products.
Personal Health
Information (PHI)
Davis Vision does not collect your Personal Health
Information through this Website and discourages you from submitting any
material information considered the same. In the event of your voluntary
submission of Personal Health Information, Davis Vision safeguards such data in
accordance with all applicable state and federal privacy laws, including the
Health Information Portability and Accountability Act (HIPAA) and the HITECH
Act, as amended, and any implementing regulation.
User Submissions in
Public Areas
Davis Vision invites Visitors and Subscribers/Members to
send e-mail messages to Davis Vision regarding
Website activities and any products or services relevant
to Davis Vision. The submission and use of such
information submitted via public areas of this Website are
governed by the Davis Vision Privacy Policy,
available here.
Information submitted by you in public areas of this
Website is only used by Davis Vision representatives. Submission of any
information via such means automatically grants Davis Vision an exclusive,
perpetual license to retain such information. Davis Vision does not disclose
such information to any third parties.
Use of Information
Collected
Any and all information submitted by you to Davis Vision
via this Website shall be governed by the Davis Vision Privacy Policy, available here. Davis Vision may disclose personal
and Personally Identifiable Information of its Visitors and Subscribers/Members
to affiliates. Such information will be disclosed to respond to the
individual's needs and to provide information about products or services
offered by
Davis Vision affiliates. Personal information is treated with the same
standards of confidentiality that Davis Vision uses. Davis Vision affiliates
are subject to Davis Vision's corporate policies and Davis Vision's non-related
service providers are legally bound by contract to employ at least the same
strict standards of confidentiality employed by Davis Vision.
Liability of Davis
Vision and its Licensors
The use of this Website and its contents is at your own
risk.
With respect to documents available from this server,
neither Davis Vision nor any of its employees makes any warranty, express or
implied, including the warranties or merchantability and fitness for a
particular purpose, or assumes any legal liability or responsibility for the
accuracy, completeness, or usefulness of any information, apparatus, product,
or process disclosed, or represents that its use
would not infringe privately owned rights. You expressly agree that use of this
Website is at your own risk. Davis Vision shall not be responsible to you for
any content found on this Website, nor does Davis Vision make any warranty as to the results that may be obtained from the
use of this Website or to the accuracy or reliability of any information
obtained through this Website. No advice or information, whether oral or
written, obtained by you from the Website shall create any warranty.
You understand and agree that any content downloaded or
otherwise obtained through the use of this Website is done at your own
discretion and risk and that you will be solely responsible for any damages to
your computer system or loss of data that results in the download of such
content.
Indemnity
You agree to defend, indemnify, and hold Davis Vision,
its officers, directors, employees, agents, licensors, and suppliers, 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, your violation of the Terms of Use.
Jurisdiction
Use of this Website shall constitute your express
agreement that exclusive jurisdiction for any dispute with Davis Vision, or in
any way relating to your use of this Website, resides in the courts of the
State of New York, and you further agree and expressly consent to the exercise
of personal jurisdiction in the courts of the State of New York in connection
with any such dispute including any claim involving Davis Vision or its affiliates,
subsidiaries, employees, contractors, officers, directors, and content providers.
The Terms of Use is governed by the internal substantive
laws of the State of New York, without respect to its conflict of laws
principles. If any provisions of the Terms of Use are found to be invalid by
any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions, which
shall remain in full force and effect. No waiver of the Terms of Use shall be
deemed a further or continuing waiver of such term or condition or any term or
condition.
Complete Agreement
Except as expressly provided in this Website’s privacy and
legal notices the Terms of Use constitutes the entire agreement between you and Davis Vision with
respect to the use of this Website and content.
Revised 8/17/11