Date of Last Revision: August 31, 2021
CorneaCare, Inc., and its subsidiaries (but excluding any Affiliated Medical Groups, collectively, “CorneaCare,” “we,” “us,” “our”) provide certain services (described below) to you through its website located at mycorneacare.com (the “Site”) or other websites maintained by us, and through our cloud platforms, and mobile applications and related technologies (the “Mobile App”), including any updated or new features, functionality and technology (collectively with the Site and Mobile App, the “Service”), subject to the following terms of service (as amended from time to time, the “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile App or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
We may also provide you with access to certain affiliated or partnered medical groups or other providers of healthcare or medical services, including mental health services (the “Affiliated Medical Groups”). The Affiliated Medical Groups are listed here. The Affiliated Medical Groups employ or contract with physicians, allied health professionals, and mental health professionals (“Providers”) who offer certain healthcare and medical services (“Healthcare Services”). By accepting these Terms of Service, you acknowledge and agree that any services you receive from the Affiliated Medical Groups or Providers are not subject to these Terms of Service. If you are a Provider or Outside Professional and acting in that capacity, these Terms of Service do not apply to you, and you must enter into a separate agreement with CorneaCare regarding your access and use of the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CORNEACARE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
In addition, when using or receiving the Service, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Service Description: The Service provides a web and mobile-based platform through which users can receive telehealth services and other health or medical related products or services.
Educational Content; Creating Community: CorneaCare may present or feature content or information, including articles and other works (“Service Content”) that includes general information about medical or healthcare issues which we believe may be of interest to our community, particularly as relates to eye health. CorneaCare may also offer a platform for you to communicate and engage with other users of the Service in a public forum about topics of relevance, particularly eye health.
Products: CorneaCare may offer certain medical or eye-health products for sale (collectively, “Products”), either for individual purchase or as part of a Subscription (as defined below). More details and terms about the Products can be found here.
Treatment Plan: Through the Service, you can submit your eye health and related medical history; a Provider can review and, if deemed medically appropriate, recommend a treatment plan for your eye health. Depending on the information you provide, and/or based on communications with Providers, CorneaCare may not be able to fulfill your request for a treatment plan, including if a Provider determines in its sole discretion that a treatment plan is not medically appropriate. Products that are part of your treatment plan can be purchased using the Service. As part of your treatment plan, we may provide you with reminders about use of Products or other services or treatments, or recommend treatments, prompt you to track your eye health on the Service, or request that you respond to certain surveys or provide other health or medical information to track your progress. In connection with requesting or receiving a treatment plan, you may be required to submit payment information, which will be subject to the section titled “Payment” below.
Communication with CorneaCare Team: Representatives of CorneaCare or Providers may contact you via the Service to schedule consultations, to remind you of appointments, to collect payment, and/or to discuss your diagnosis and treatment plan. We may also contact you via the Service to discuss various aspects of the Service.
Geographic Limits: Some features of the Service may not be available to you depending on your location of residence, including accessing a treatment plan or other services from a Provider. Assessments and treatment plans are currently available to residents of the states in the United States listed here.
Medical and Healthcare Services and Disclaimers
No Treatment Offered by CorneaCare, Inc.: CorneaCare, Inc. is not authorized to provide services requiring professional licensure, does not offer any medical treatment or perform any clinical health services, and does not provide any medical advice. The purchase of non-prescription drugs is not a medical service and does not create a medical provider relationship.
We will share data with third parties, including Outside Professionals, at your request and only as permitted by the Health Insurance Portability and Accountability Act (“HIPAA”).
NO HEALTHCARE PROVIDER/PATIENT RELATIONSHIP IS CREATED BETWEEN CORNEACARE, INC. AND AN INDIVIDUAL, INCLUDING WHEN AN INDIVIDUAL USES THE SERVICE; A HEALTHCARE PROVIDER/PATIENT RELATIONSHIP MAY BE CREATED BETWEEN ONE OR MORE PROVIDER AND A PATIENT WHEN THE PATIENT RECEIVES MEDICAL ADVICE FROM A PROVIDER.
The Service is not intended or implied to be a substitute for professional medical diagnosis or treatment. You are encouraged to confirm any information or advice obtained from or through the Service with other sources, and review all information and advice regarding any medical condition or treatment with your primary care physician or other healthcare professional. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE.
IF YOU THINK YOU OR SOMEONE USING THE SERVICE MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. If you are thinking about suicide, or are worried about a friend or loved one COMMITTING SUICIDE, call the national suicide prevention lifeline at 800-273-8255.
While you are not establishing a relationship with CorneaCare, Inc. as a healthcare provider, by using the Service you establish a direct customer relationship with CorneaCare, Inc. This includes the purchase of any Products sold directly to you by CorneaCare via the Service.
Health Related Content: While CorneaCare provides certain Healthcare Services, most material included in the Service Content or otherwise available on or via the Service describes general principles of healthcare that should not be construed as specific instructions for individual patients, and is for general information purposes only. It is for reference only and should not be used to determine treatment for specific medical conditions—only a healthcare provider can do that. You understand and agree that in no event will CorneaCare be liable for any decision made or action taken in reliance on such general information contained thereon, and reliance thereon is solely at your own risk. CorneaCare makes no representation and assumes no responsibility for the accuracy of information contained on or available through the Service, including but not limited to Service Content, and such information is subject to change without notice.
Outside Professionals: You understand and agree that CorneaCare (a) does not direct, have any control over, employ, or endorse any Outside Professionals and has no control over the acts or omissions of any Outside Professionals; (b) is not responsible or liable in any manner for the performance or conduct of any Outside Professionals; and (c) is not responsible for payment for services furnished by any Outside Professionals. You acknowledge and agree that you are solely responsible for any care or services you may receive from any Outside Professionals, and any payment you may owe to any Outside Professionals.
User Account, Password and Security: When creating your account, you represent and warrant that you will provide accurate and complete information. You are expected to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account, even if due to misuse or any unauthorized access. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Service using your username, password, or other security information. You also agree to ensure that you logout from your account at the end of each session. You agree to immediately notify CorneaCare of any unauthorized use of your password or account or any other breach of security. CorneaCare will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: CorneaCare reserves the right to suspend, limit, condition modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CorneaCare will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Other Users: You are solely responsible for your interactions with other users of the Service. We will have no liability for your interactions with other users of the Service, or for any user’s action or inaction. CorneaCare will have no obligation to you to enforce these Terms of Service or any other agreement against any other user of the Service. CorneaCare reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Information of Other Users: You represent, warrant and promise that: (a) you will use the personal information of other users of the Service that you can view or access via the Service in accordance with applicable communication, privacy and data protection Laws; (b) you shall not further disclose any such personal information to a third party; (c) you will implement appropriate physical, technical, and administrative measures to protect such personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction, and you will notify CorneaCare immediately in the event of any suspected or actual unauthorized access or disclosure of such personal information; (d) you will not use such personal information from to send unsolicited mail, e-mails, phone calls, SMS, or faxes regarding promotions and/or advertising of your or a third party’s products or services; and (e) you will respect the privacy choices of other users.
Purchase of Products.
If you wish to purchase any Products, you will be required to provide payment information prior to placing an order for any Product on the Service. You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by CorneaCare.
The list of currently available Products and their prices can be found here. We reserve the right to change the prices for Products. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us on the Service when you submit your order.
Subscriptions: Certain Products are offered on a subscription basis whereby payments are made on a recurring basis and you receive products delivered directly to you at specified intervals (a “Subscription”). When you sign up for a Subscription you will be required to select a Subscription tier (including, if applicable, a free trial) and a payment plan as set forth here. You agree to pay CorneaCare the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. You hereby authorize CorneaCare to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate the applicable Subscription, and you further agree to pay any charges so incurred. We reserve the right to change fees for a Subscription. If we do change fees for Subscription and you are a current subscriber, we will provide notice in an email to you at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You may cancel your Subscription any time by visiting your account and adjusting your Subscription settings. If you decide not to renew your Subscription pursuant to the procedure set out on the Subscription page here, or if cancel your Subscription during the applicable term pursuant to the procedure set out on the Subscription page here, we will not renew your Subscription at the end of such term.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. Products may not use child-resistant packaging and may not be dispensed in child-resistant containers. All orders are subject to our acceptance or rejection based on Product availability, compliance with these Terms of Service or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Returns and Exchanges: If you wish to return or exchange a Product, please see our policies available here.
All other information with respect to the purchase of Products can be found here.
Conditions of Access and Use
User Conduct: You are solely responsible for all code, content, images, information, data, text, software, photographs, graphics, messages or other materials (“content”) that you upload, share, input, post, publish, email or display (hereinafter, “share”) via the Service (collectively, the “User Content”). The following are examples of the kind of content and/or use that is illegal or prohibited by CorneaCare. CorneaCare reserves the right to monitor all use of the Service, and to investigate and take appropriate legal action against anyone who, in CorneaCare’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a) share any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any Law or under contractual or fiduciary relationships; (iii) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is illegal, offensive, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vi) is false, misleading, or otherwise deceptive; or (vii) in the sole judgment of CorneaCare, may expose CorneaCare or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey or violate any requirements, procedures, policies or regulations of networks connected to the Service;
c) violate any applicable Law;
d) impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
e) harvest or collect email addresses or other contact information or personally identifiable information of other users of the Service;
f) take any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
g) copy or store any significant portion of the Service Content;
h) monetize the Service Content through advertising, subscriptions or other means;
i) further or promote any criminal activity or enterprise;
j) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content) available on or through the Service, including through the use of virtual private networks, or by bypassing measures preventing or restricting access to the Service or Service Content; or
k) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by CorneaCare from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
United States Use: The Service is based in the United States. We make no claims concerning whether the Service may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service from outside of the United States, you do so at your own risk.
Special Notice for International Use; Export Controls: Software (defined below) which may be available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export Laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local Laws regarding your use of the Service, including as it concerns online conduct and acceptable content. The Service may not be used or otherwise provided or made available, either directly or indirectly, (a) in Cuba, Iran, North Korea, Syria, Crimea region of Ukraine, or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not share the Service with anyone whose status is described in items (a) or (b) above.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or share for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is solely for your personal, non-commercial use.
Mobile Services and Software
Mobile Services: The Service includes certain services that are available via a mobile device, including (a) the ability to share content to the Service via a mobile device, (b) the ability to browse the Service and the Site from a mobile device, and (c) the ability to access certain features and content through the Mobile App (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Text Service: By using the Service, you consent to accept and receive communications from us to the contacts you provide to us in connection with your account, including via prerecorded calls, automated emails, SMS and/or MMS messages sent through an automated telephone dialing system, push notifications and other means (if applicable) (“Text Service”), even if you have opted in to the National Do Not Call List, any state Do Not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. You do not have to participate in the Text Service in order to use the Service. In the event you no longer want to participate in the Text Service, you agree to notify us directly. In the event you change or deactivate your mobile telephone number, you agree to promptly update your CorneaCare account information to ensure that your messages are not sent to the person that acquires your old number.
There is no additional charge for the Text Service, but your mobile carrier’s or other service provider’s standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, or other communications, as delivery is subject to effective transmission by your mobile carrier or other service provider and compatibility of your mobile device. Please contact your mobile carrier or other service provider if you have any questions regarding these issues or your mobile data and messaging plan or services.
As described in the Text Service enrollment and welcome messages, you may text “STOP” to cancel such communications as you are not required to consent to the Text Service as a condition of using the Service. You can also text “HELP” for customer support information. If you choose to cancel your Text Service, you agree to receive a final text message from the Text Service confirming your cancellation.
You may be able to invite others to use the Service through the Text Service by providing the numbers of those you want to invite or by selecting the individuals you want to invite from your contacts list (if you have uploaded one). By asking us to invite others to use the Service, you represent to us that those you invite consent to receive the automated invitation messages and that you are authorized to convey that consent to us.
You will also receive information, communications, updates and reminders about your account and the Products you purchase via the Text Service.
If you would like to opt out of all communications from us, including information, communications, updates and reminders about your account and the Products you purchase please contact our customer support team at firstname.lastname@example.org, however, you acknowledge that this may affect your ability to effectively use the Service.
Mobile App License: Subject to these Terms of Service, CorneaCare hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App for another device on which you also agreed to these Terms of Service. Each instance of the Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.
Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- CorneaCare and you acknowledge that these Terms of Service are concluded between CorneaCare and you only, and not with Apple Inc. (“Apple”), and that as between CorneaCare and Apple, CorneaCare, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be CorneaCare’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- CorneaCare and you acknowledge that CorneaCare, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between CorneaCare and Apple, CorneaCare, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to CorneaCare as follows:
By mail: CorneaCare, Inc.
PO Box 54222
Philadelphia PA 19105
By e-mail: email@example.com
CorneaCare and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and CorneaCare only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) CorneaCare, and not Google, is solely responsible for CorneaCare’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to CorneaCare’s Google-Sourced Software.
Software: The technology and software underlying the Service, including any proprietary technology or algorithms embodied in CorneaCare’s software or distributed in connection therewith (the “Software”) are the property of CorneaCare and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CorneaCare.
Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found here or made available by written request to firstname.lastname@example.org. If required by any license for particular open source software, CorneaCare makes such open source software, and CorneaCare’s modifications to that open source software (if any), available by written request email@example.com. Copyrights to the open source software are held by the respective copyright holders indicated therein.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service Contentis protected by copyright, patent, trademark, trade secret or other proprietary rights and Laws. The Service Content is protected by United States and foreign intellectual property Laws. Unauthorized use of the Service Content may result in violation of copyright, trademark, and other Laws. You have no rights in or to the Service Content, and you will not use, copy or display the Service Content, including but not limited to use of framing or mirrors, except as permitted under these Terms of Service. No other use is permitted without our prior written consent, and any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. You may not sell, transfer, assign, license, sublicense, or modify the Service Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Service Content in any way for any public or commercial purpose (except that the foregoing does not apply to your own User Content that you legally share).
CorneaCare name and logos are trademarks and service marks of CorneaCare (collectively the “CorneaCare Trademarks”). Other CorneaCare, product, and service names and logos which may be used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to CorneaCare. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CorneaCare Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from use of CorneaCare Trademarks will inure to our exclusive benefit.
Any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to CorneaCare are non-confidential and CorneaCare will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that CorneaCare may preserve content and may also disclose content if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable Laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CorneaCare, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: CorneaCare respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify CorneaCare of your infringement claim in accordance with the procedure set forth below.
CorneaCare will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property Laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to CorneaCare’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: CorneaCare Inc., ATTN: Legal, PO Box 54222, Philadelphia PA 19105.
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the Law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the Law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Philadelphia, Pennsylvania and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, CorneaCare will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, subscriber or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable Laws, CorneaCare has adopted a policy of terminating, in appropriate circumstances and at CorneaCare’s sole discretion, users who are deemed to be repeat infringers. CorneaCare may also at its sole discretion limit access to the Service and/or terminate the Subscription of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Services and Websites
Social Media Sites
In addition, CorneaCare is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Media Sites. As such, CorneaCare is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Media Sites. CorneaCare enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold CorneaCare and their officers, employees, directors, service providers, licensors, and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, AND TO THE EXTENT PERMISSIBLE BY LAW, THE SERVICE, THE SERVICE CONTENT, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CORNEACARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; PROVIDED, HOWEVER THAT SUCH DISCLAIMER SHALL NOT APPLY TO ANY HEALTHCARE SERVICES PROVIDED BY PROVIDERS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
CORNEACARE MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY CONTENT PROVIDED THROUGH THE SERVICE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
CORNEACARE MAKES NO WARRANTY WITH RESPECT TO ANY HEALTHCARE SERVICE TO THE EXTENT CORNEACARE IS RELIANT UPON, USING OR INCORPORATING ANY THIRD PARTY SERVICES, INCLUDING INFORMATION PROVIDED BY NON-PROVIDERS OR OUTSIDE PROFESSIONALS OR ANY OTHER PRODUCT MADE AVAILABLE BY A THIRD PARTY.
TO THE EXTENT PERMITTED BY LAW, CORNEACARE EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE CORNEACARE FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM, AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO YOUR INTERACTIONS OR COMMUNICATIONS OR DEALINGS WITH ANY OUTSIDE PROFESSIONALS, INCLUDING WITHOUT LIMITATION ANY CARE OR SERVICES PROVIDED BY ANY OUTSIDE PROFESSIONALS, ANY ACTS AND/OR OMISSIONS OF OUTSIDE PROFESSIONALS, OR PAYMENT DISPUTES.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, CORNEACARE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CORNEACARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) ANY SERVICES PROVIDED BY ANY OUTSIDE PROFESSIONALS; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE (EXCLUDING ANY HEATH CARE SERVICES PROVIDED BY PROVIDERS). IN NO EVENT WILL CORNEACARE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CORNEACARE IN THE LAST SIX (6) MONTHS (IF AT ALL), OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and CorneaCare, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the Law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and CorneaCare are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND CORNEACARE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CORNEACARE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
CorneaCare is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing CorneaCare’s customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to CorneaCare should be sent to:
PO Box 54222
Philadelphia PA 19105
The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If CorneaCare and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or CorneaCare may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CorneaCare or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CorneaCare is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator administered by JAMS in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this Section, and as of the date of this Agreement). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about the JAMS Rules and fees for disputes can be found at JAMS’ relevant page, https://www.jamsadr.com/rules-download/. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable Law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless CorneaCare and you agree otherwise, the seat of arbitration shall be Philadelphia, Pennsylvania. If your claim is for $10,000 or less, CorneaCare agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, CorneaCare will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, CorneaCare will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, CorneaCare will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the JAMS Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, CorneaCare agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending CorneaCare written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that CorneaCare, in its sole discretion, may suspend, limit, condition or terminate your account, Subscription, or use of the Service, or any feature or function thereof and remove and discard any content within the Service, and may reject any order you place for the purchase of Products, for any reason, including, without limitation, for lack of use or if CorneaCare believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service or Subscription may be referred to appropriate law enforcement authorities. CorneaCare may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that, except as may be explicitly set forth herein, any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that CorneaCare may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that CorneaCare will not be liable to you or any third party for any termination of your access to the Service or your Subscription (except as may be explicitly set forth herein).
These Terms of Service constitute the entire agreement between you and CorneaCare and govern your use of the Service, superseding any prior agreements between you and CorneaCare with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and CorneaCare agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Philadelphia, Pennsylvania. The failure of CorneaCare to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any Law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign these Terms of Service without the prior written consent of CorneaCare, but CorneaCare may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at:
PO Box 54222
Philadelphia PA 19105
By phone: 267-217-3086
Questions? Concerns? Suggestions?
Please contact us to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service:
PO Box 54222
Philadelphia PA 19105
By e-mail: firstname.lastname@example.org with a subject line of “Terms of Service.”