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 DavisVision 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

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