Eyefinity Terms and Conditions of Use

Acceptance of Terms

Welcome to Eyefinity. If you access our site and use of its current or future services, you accept these terms and conditions of use. Please read these terms and conditions carefully. Eyefinity is permitting you to use the site subject to this agreement, as well as our privacy policy, legal notices and any other written agreement between the parties concerning the site. If you do not agree to be bound by the terms and conditions, do not use or access our services.

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 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 this agreement, 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 and/or the services, including without limitation access to any content, products or services offered in connection therewith, 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.

Obligation for Actions Taken 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 password, 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, please contact Eyefinity immediately to authorize Eyefinity to deny access to the Site to anyone else presenting your password.

Website Use Restrictions

You agree not to use any data mining, robots, scraping or other automatic device, program, algorithm or technology that operates as an agent for a user or another program or simulates human activity to use, access, copy, acquire information, generate impressions, input information, store information, search or monitor any portion of this website.

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, its affiliates, contractors, service providers, employees, agents or licensors or any other party involved in creating, producing or delivering the site or services ("Eyefinity affiliates") be liable in any manner whatsoever; (l) for any decision made or action taken or omitted by you in reliance upon the information provided through the site; (ll) for loss or inaccuracy of data or, cost of procurement of substitute goods, services or technology; (lll) for unauthorized access to or alterations of your third party content or other information; and (lV) for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss for revenues and loss of profits, even if Eyefinity has been advised of the possibility of such damages. The aggregate liability of Eyefinity and the Eyefinity affiliates arising from or relating to this agreement (regardless of the form of action or claim) is limited to the amounts paid by you to Eyefinity during the preceding (12) months. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Therefore, depending on the jurisdiction, some of the exclusions set forth in this section may not apply to you.

Terms of Use

Please review our Terms of Use to understand our privacy practices.

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, 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 Stark, 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 Eyefinity's site.

Third Party Sites, Products and Services

Eyefinity links to various external web sites that are not under the control of Eyefinity and Eyefinity is not responsible for the content, nor 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 and content of all these and any other third parties. 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 this entirely at your own risk.

HIPAA Compliance

Please see our "HIPAA Readiness Statement" posted under the eLearn tab in the HIPAA Resource Center.

Copyright Notice

Copyright © 2019, All content on this site, such as text, graphics, images, and logos, is the property of Eyefinity or its content suppliers and business affiliates and is protected by United States copyright laws.

Registered Trademark

Eyefinity is a registered trademark of Eyefinity, Inc. OfficeMate is a registered trademark of OfficeMate Software Solutions, Inc. ExamWRITER is a registered trademark of Marchon Eyewear, Inc. All other company names and brands are trademarks or registered trademarks to their respective owners.

Fee and Payment Policies

For questions related to billing, email finance@eyefinity.com or call 877.448.0707.

You agree to pay all fees which arise out of your use of the site or the services in accordance with the terms posted on the site and the terms of any other written agreement with Eyefinity. We may change our fees and payment policies from time to time and will post any such changes on our web site or by written notice.

For VSP panel providers, after non-payment of claim fees or other site service fees after 60 days, Eyefinity reserves the right to withhold the amount from the bi-monthly VSP payment of services check. A service fee may apply. For providers or opticians outside the VSP panel, after non-payment of claim fees or other site service fees for 60 days, Eyefinity will charge the credit card on file for the delinquent account for all payments due Eyefinity, including any finance charges assessed. If a valid credit card is not on file with Eyefinity, services may be interrupted and the account may be forwarded to a third party collection agency.

The customer will be responsible for all bank charges resulting from checks returned for non-sufficient funds. Eyefinity will refund credit balances upon request.

Annual fees for enrollment/membership (if applicable) are payable via credit card at the time Eyefinity notifies the user of approval and provides a site access code and password. Eyefinity's money-back guarantee can be redeemed within the first 60 calendar days beginning on the day the account ID and password are provided. Requests can be made either by phone or mail contact with Eyefinity's Customer Care department and must include the site access ID and password. A credit for the full annual fee will be made within 30 days to the original credit card used for registration. Renewal of this annual fee is billed upon 12 months of the provision of the access code/password. Non-payment of this annual fee after 30 days will result in the termination of the user's account, and Eyefinity is not responsible for the loss of any account history or return of transactions or data provided.

Eyefinity hosts online catalogs from several manufacturers. Payment for products is made directly to the manufacturer/supplier. For these purchases/orders, please see the terms and conditions on each individual online catalog.

Any questions or comments regarding the site should be directed to Eyefinity's Customer Care Department.