EYELAND EYEDOC LLC MODEL PRIVACY STATEMENT
This Policy describes how we, Eyeland EyeDoc LLC and its subsidiary companies, handle information we learn about you from our website. If you have questions or wish to contact us about the Policy, direct inquiries to:
Eyeland EyeDoc LLC
ATTN: Privacy Office
PO Box 707
Kealakekua, HI 96750
WHAT INFORMATION DO WE COLLECT?
The information we collect depends on what you do when you visit our site. Please note that we do not collect personal information about you when you visit our site unless you choose to provide such information to us.
We collect personally-identifying information you provide to us in connection with purchases you make on our site, requests for services made through the site, the creation of a user account, any material you may post to the site, and your participation in surveys on the site. From time to time, we may provide you the opportunity to participate in contests or in other voluntary activities through the site. We may request personal information from you, along with other information, in order for you to participate. Participation in these activities is completely voluntary; therefore, you can elect not to disclosure your personal information by not participating in the activity.
In addition, for each visitor to our site, we automatically gather certain information and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We collect and store this information on an individual basis and in aggregate, or combined, form. We also collect both user-specific and aggregate information on what pages visitors access or visit.
HOW DO WE USE THIS INFORMATION?
We use the information we collect to analyze trends, to administer the site, to track users' movements around the site, and to gather demographic information about our user base as a whole. We also use this information to improve the content of our web pages, and to customize the content and layout of our pages. All of this is done with the intention of making our site more useful to visitors.
We may share email addresses, postal addresses or telephone contact information or other personally-identifying information we collect across brands within the company. We do not rent or sell such information to any third parties.
We use both session cookies and persistent cookies on this website. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We may link the information we store in cookies to your personal information in order to provide a faster and more pleasant online experience. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited.
We use session cookies to make it easier for you to navigate our site. We use session cookies to record session information, such as which web pages a user has visited, and to track user activity on the site. We also use session cookies to store any passwords used on the site (such as a password associated with a user account), so you don't have to enter it more than once per session. Session cookies expire when you close your browser.
We use persistent cookies to track and target the interests of our users to enhance the experience on our site. Persistent cookies remain on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your browser's "help" file.
COLLECTION AND USE OF HEALTH INFORMATION
We are required by applicable federal and state law to maintain the privacy of your health information. Please see our HIPAA Privacy Statement for information on our privacy practices, our legal duties, and your rights concerning your health information. Any health information we collect from you on this site will be handled in accordance with the terms of our HIPAA Privacy Statement.
OPT OUT PROCEDURES
If you do not wish to receive promotional emails from us, please let us know by using the opt-out response device that can be found at the bottom of every email we deliver or by emailing us at info@EyelandEyeDoc.com. To help us process your request, please include sufficient information for us to identify you in our records. Please allow a reasonable time for us to process your request. Please note that, although you can opt not to receive promotional messages, we reserve the right to send you informational email messages about any user account you establish on this website or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
If you do not wish for us to share your information with our related companies, please let us know by sending your request to: Privacy Office, Eyeland EyeDoc LLC, PO Box 707, Kealakekua, HI 96750 or by email to info@EyelandEyeDoc.com. To help us process your request, please include sufficient information to allow us to identify you in our records. Please allow a reasonable time for us to process your request.
Upon request we provide site visitors with access to their own personally-identifying information (e.g., name, address, phone number) that we maintain about them. You can access this information by sending your request to: Privacy Office, Eyeland EyeDoc LLC, PO Box 707, Kealakekua, HI 96750 or by email to info@EyelandEyeDoc.com. To help us process your request, please provide sufficient information to allow us to identify you in our records.
We reserve the right to ask for information verifying your identity prior to disclosing any information to you. Should we ask for verification, the information you provide to verify your identity will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete.
We also offer visitors the opportunity to have inaccuracies corrected in all information we maintain about them. Privacy Office, Eyeland EyeDoc LLC, PO Box 707, Kealakekua, HI 96750 or by email to info@EyelandEyeDoc.com. To help us process your request, please provide sufficient information to allow us to identify you in our records.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, and to guard that information against loss, misuse or alteration. When you enter sensitive and/or personally-identifying information on our registration or during the ordering process, we encrypt transmissions involving such information using secure protocols.
Please note, however, that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we use commercially-reasonable means to protect your personal information, we cannot guarantee its absolute security.
THIRD PARTY SITES
This Policy applies only to information collected by this website.
From time to time, this website may link you to other sites ("Linked Sites") that are not owned by Eyeland EyeDoc LLC. We do not control the collection or use of any information, including personally-identifying information, that occurs during your visit to the Linked Sites. Further, we make no representations about the privacy policies or practices of the Linked Sites, and Eyeland EyeDoc LLC is not responsible for the privacy practices of these Linked Sites.
Be careful of disclosing any of your personally identifiable information when leaving our site. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information.
CHANGES TO THIS POLICY
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our Policy. If our information practices change materially at some time in the future, we will post the changes to our website and revise our Policy accordingly. In addition, if we have collected personally-identifying information from you, we will notify you about the changes and secure your consent prior to making use of your information in new ways.
If you believe that this site is not following its stated information policy, you may contact us at the above postal address, email address, or telephone number.
NOTICE OF PRIVACY PRACTICES
Eyeland EyeDoc LLC
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY
OUR LEGAL DUTIES
Eyeland EyeDoc LLC and its affiliated stores and dispensaries are committed to protecting your privacy. This Notice tells about the uses and disclosures we make of your personal health information, including certain rights that you have, and obligations we (Eyeland EyeDoc LLC) are bound to, with respect to such information.
We are required by applicable federal and state law to do the following:
- Maintain the privacy and safeguard the security of your health information;
- Give you this Notice about our privacy practices, our legal duties, and your rights concerning your health information;
- Notify you, along with all other affected individuals, of a breach of unsecured health information; and
- Follow the privacy practices that are described in this Notice while it is in effect.
This Notice takes effect June 25, 2016, and will remain in effect until we replace it.
We reserve the right to change our privacy practices and the terms of this Notice at any time, provided such changes are permitted by applicable law. We reserve the right to make the changes in our privacy practices and the new terms of our Notice effective for all health information that we maintain, including health information we created or received before we made the changes. In the event we make a material change in our privacy practices, we will change this Notice and provide it to you at your next visit or it can be viewed in the store or on our Web site.
You may request a copy of our Notice at any time. For more information about our privacy practices, or for additional copies of this Notice, please contact us using the information listed at the end of this Notice. We will request that you sign an acknowledgement of receiving of this Notice, but your decision not to sign the acknowledgement will not affect your ability to obtain treatment.
USES AND DISCLOSURES OF HEALTH INFORMATION
We use health information about you for treatment, to obtain payment for treatment, for administrative purposes, and to evaluate the quality of care and service that you receive. Your health information is contained in a medical or optical dispensary record that is the physical property of Eyeland EyeDoc LLC. Your health information consists of any information, whether in oral or recorded form, that is created or received by us and individually identifies you, and that relates to your past, present or future physical or mental health or condition; the provision of health care to you; or the past, present or future payment for the provision of health care to you.
How We May Use or Disclose Your Health Information
For Treatment. We may use or disclose your health information to an optometrist, ophthalmologist, optician or other health care providers providing treatment to you for:
- the provision, coordination, or management of health care and related services by health care providers;
- consultation between health care providers relating to a patient/customer;
- the referral of a patient for health care from one health care provider to another; or
- appointment and refill reminders, and recall information.
For Payment. We may use and disclose your health information to others for purposes of processing and receiving payment for treatment and services provided to you. This may include:
- billing and collection activities and related data processing;
- actions by a health plan or insurer to determine or fulfill its responsibilities for coverage and provision of benefits under its health plan or insurance agreement, determinations of eligibility or coverage, adjudication or subrogation of health benefit claims;
- medical necessity and appropriateness of care reviews, utilization review activities; and
- disclosure to consumer reporting agencies of information relating to collection of payments.
For Health Care Operations. We may use and disclose health information about you for health care operational purposes. For example, your health information may be disclosed to:
- evaluate the performance of our associates;
- assess the quality of service, product and care in your case and similar cases;
- learn how to improve our facilities and services;
- conduct training programs or credentialing activities;
- facilitate compliance functions, auditing and legal services;
- determine how to continually improve the quality and effectiveness of the products, service and care we provide, including customer satisfaction surveys and data analyses;
- properly manage our business, including acquisitions, mergers and consolidations; and
- communicate with you concerning (a) a health-related product or service that is provided by us, (b) your treatment, or (c) case management, care coordination or to recommend alternative treatments, therapies, providers or settings for care to the extent such activities are not within your current treatment. However, if we receive compensation for making a communication concerning another entity’s products or services (other than payment for treatment), the communication is "marketing" and will require that we obtain your prior written authorization as described in the Marketing section, below.
Appointments, Treatment and Quality Assurance. We may use your information to provide appointment and refill reminders or recall notices (such as voicemail messages, postcards or letters) or information about treatment alternatives or other health-related benefits, products and services that may be of interest to you. We may also contact you to conduct our own surveys about the quality of the products and services we provide.
Fund Raising. We may use certain information (name, address, telephone number, age, date of birth, gender, dates of service, treating provider, outcome information and insurance status) to contact you in the future to raise money for our institutionally related charity, OneSight. The money raised will be used to expand and improve the health care services and programs we provide the community. You have the right to opt out of such fundraising communications by contacting the privacy office identified at the end of this Notice, or as instructed in the fundraising communication.
To You, Your Family and Friends. We must disclose your health information to you, as described in the Your Health Information Rights section of this Notice. We may disclose your health information to a family member, friend or other person to the extent necessary to help with your health care or with payment for your health care, but only if you agree that we may do so or, if you are not able to agree, if it is necessary in our professional judgment.
Persons Involved in Care. We may use or disclose health information to notify, or assist in the notification of (including identifying or locating) a family member, your personal representative or another person responsible for your care, of your location or your general condition. If you are present, then prior to use or disclosure of your health information, we will provide you with an opportunity to object to such uses or disclosures. In the event of your incapacity or emergency circumstances, we will disclose health information based on a determination using our professional judgment disclosing only health information that is directly relevant to the person’s involvement in your health care. We will also use our professional judgment and our experience with common practice to make reasonable inferences of your best interest in allowing a person to pick up filled prescriptions, medical supplies, photos, or other similar forms of health information.
Required by Law. We may use and disclose information about you as permitted or required by applicable law. For example, we may disclose information for the following purposes:
- for judicial and administrative proceedings pursuant to court order or specific legal authority;
- pursuant to a shared/joint custody and child care or support arrangement authorized by law or court order;
- to report information related to victims of abuse, neglect or domestic violence;
- to assist law enforcement officials in their law enforcement duties; or
- to assist public health, safety or law enforcement officials avert a serious threat to the health or safety of you or any other person.
Personal Representatives; Decedents. We may disclose your health information to your personal representatives authorized under applicable law, such as a guardian, power of attorney for health care, or court-appointed administrator. Your health Information may also be disclosed to executors, legally authorized family members, funeral directors or coroners to enable them to carry out their lawful duties upon your death.
Organ/Tissue Donation. Your health information may be used or disclosed for cadaveric organ, eye or tissue donation purposes, provided we follow applicable laws.
Research. We may use your health information for research purposes when an institutional review board or privacy board that has reviewed the research proposal and established protocols to ensure the privacy of your health information has approved the research.
Government Functions. Specialized government functions such as protection of public officials or reporting to various branches of the armed services that may require use or disclosure of your health information.
Management and Administration. We may disclose your health information when necessary for the proper management and administration of our business and for fulfilling our legal responsibilities, including disclosures to certain advisors and consultants when necessary, subject to applicable confidentiality and business associate agreement requirements.
Worker Compensation. Your health information may be used or disclosed in order to comply with laws and regulations related to Worker Compensation.
Marketing Products or Services. "Marketing" means to make a communication to you that encourages you to purchase or use a product or service. We will not use or disclose your health information for marketing communications without your prior written authorization. However, we may conduct face to face communications between you and us, and we may offer a promotional gift of nominal value, without such authorization.
We may also provide you with information regarding products or services that we offer related to your health care needs from our brands including Eyeland EyeDoc, Eyeland EyeDoc LLC, Sandor's Optical, Wilmor, Big Eyeland Vision, Big Eyeland Vision LLC, provided that we are not paid or otherwise receive compensation for such communications. This Notice of Privacy Practices applies to all such brands.
We are also permitted to communicate with you regarding health-related products or services (including information about entities participating in our provider network or health plan), treatment, case management or care coordination (including recommending alternative treatments, providers or settings for care). However, if we will receive compensation (directly or indirectly) in return for making any such communications, we must first obtain your written authorization, unless the communication describes only a drug or biologic that is currently prescribed for you and any compensation we receive relates solely to the cost of making the communication. This requirement does not apply to any payment or compensation for providing treatment to you.
Sale of Your Health Information. We will never sell your health information without your prior authorization. However, we, or our business associate, may receive compensation (directly or indirectly) related to an exchange of your health information for the following purposes: (a) public health activities; (b) research purposes (if the price charged reflects the cost of preparation and transmittal of the information); (c) payment or compensation for your treatment; (d) health care operations related to the sale, merger or consolidation of all or part of our business; (c) performance of services by a business associate on our behalf; (f) providing you with a copy of your health information; or (g) other reasons determined necessary or appropriate by applicable laws or regulations.
Electronic Disclosures. We use and disclose your health information electronically for various purposes such as treatment, payment (including, where applicable, performing insurance and health maintenance organization/managed care functions), health care operations and other purposes permitted or required by law, including electronic disclosures to our business associates. If we need to disclose your health information electronically for other purposes, we will obtain your authorization, either in writing or electronically, as described in this Notice.
Your Authorization. In addition to our use or disclosure of your health information for treatment, payment or health care operations, you may give us written authorization to use your health information or to disclose it to anyone for any other purpose. We will not condition your current or future treatment on the basis of providing an authorization. If you give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect. Unless you give us a written authorization, we cannot use or disclose your health information for any reason except those described in this Notice.
YOUR HEALTH INFORMATION RIGHTS
Access: You have the right to review or get copies of your health information, with limited exceptions. You may request that we provide copies in a format other than photocopies. We will use the format you request unless we cannot practicably do so. You may be asked to make a request in writing to obtain access to your health information. You may obtain a form to request access by using the contact information listed at the end of this Notice. We may charge you a reasonable cost based fee for expenses such as copies and staff time. You may also request access by sending us a letter to the address at the end of this Notice setting forth the specific information to which you desire access. If you request an alternative format, provided that it is practicable for us to produce the information in such format, we may charge a cost-based fee for preparing and transmitting your health information in that format. If you prefer, we will prepare a summary or an explanation of your health information for a cost-based fee. If we use or maintain an electronic health record ("EHR") with respect to your care, you have the right to request a copy of your information in electronic format, and to direct us to transmit a copy of your information to a third party designated by you; and our fee may not exceed our labor costs in responding to such request. Please contact us using the information listed at the end of this Notice for a full explanation of our fee structure.
Disclosure Accounting: You have the right to receive a list of instances in which we or our business associates disclosed your health information for purposes other than treatment, payment, health care operations, where you have provided an authorization and certain other activities, for the last 6 years (or a shorter period if our relationship with you has existed for less than 6 years).
If you request this accounting more than once in a 12 month period, we may charge you a reasonable, cost based fee for responding to these additional requests.
With respect to disclosures made by our business associates, we may choose to provide you with a list of business associates acting on our behalf, along with their contact information, who must provide you with the accounting upon a request made directly by you to such entities.
Restriction: You have the right to request that we place additional restrictions on our use or disclosure of your health information. Except as noted below, we are not required to agree to these additional restrictions, but if we do, we will abide by our agreement (except in an emergency). Upon your request, and except as otherwise required by law, we will not disclose your health information to a health plan for purposes of payment or health care operations when the information relates solely to a service/product for which you paid out-of-pocket in full.
Alternative Communication: You have the right to request in writing that we communicate with you about your health information by alternative means or to alternative locations. Your request must specify the alternative means or location, and provide satisfactory explanation how payments will be handled under the alternative means or location you request.
Amendment: You have the right to request that we amend your health information. Your request must be in writing, and it must explain why the information should be amended. We may deny your request under certain circumstances. You may obtain a form to request an amendment to your health information by using the contact information listed at the end of this Notice.
Electronic Notice: If you receive this Notice on our Web site or by electronic mail (e mail), you are entitled to receive this Notice in written form, as well.
Breach of Unsecured Health Information: If we discover that your health information has been breached (for example, disclosed to or acquired by an unauthorized person, stolen, lost, or otherwise used or disclosed in violation of applicable privacy law) and the privacy or security of the information has been compromised, we must notify you of the breach without unreasonable delay and in no event later than 60 days following our discovery of the breach.
PRIVACY QUESTIONS AND COMPLAINTS
If you want more information about our privacy practices or have privacy questions or concerns, please contact us. If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made about access to your health information or in response to a request you made to amend or restrict the use or disclosure of your health information or to have us communicate with you by alternative means or at alternative locations, you may complain to us using the contact information listed at the end of this Notice. You may separately choose to file a complaint with the U.S. Department of Health and Human Services, Office of Civil Rights (OCR), by completing a Health Information Privacy Complaint Form (available at http://www.hhs.gov/ocr/privacy/hipaa/complaints/hipcomplaintform.pdf) and sending to the applicable OCR Regional Office listed on the form, or by calling 1-800-368-1019 for instructions and contact information. An electronic complaint may be filed at http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html. You must file a complaint with OCR within 180 days (6 months) after the occurrence of the act or omission giving rise to your complaint.
We support your right to the privacy of your health information. We will not retaliate in any way if you choose to file a complaint with us or with the Office of Civil Rights.
If you have any questions or complaints relating to privacy, please contact:
Eyeland EyeDoc LLC
ATTN: Privacy Office
PO Box 707
Kealakekua, HI 96750
Thank you for entrusting Eyeland EyeDoc LLC with your eye care and eyewear needs.
Thank you for visiting the Eyeland EyeDoc LLC site, www.EyelandEyeDoc.com, provided to you by Eyeland EyeDoc LLC. This document sets forth the terms and conditions that apply to your use of the site.
Changes to this Agreement
1. We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the site. Your continued use of the site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the site if you do not agree to be bound by the revised terms and conditions.
General Use and Site License
3. This site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this site without the supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this site by children, minors and others under your care, and you agree to be responsible for their use of this site.
4. The content contained in this site is provided by Eyeland EyeDoc LLC as a service to its customers. This site does not contain information about all diseases, nor does this site contain all medical information that may be relevant. All content provided in this site is only general health information and is only intended to facilitate communication between you and your healthcare provider. It is not intended for diagnosis and cannot provide a diagnosis for any particular individual and should not be used as a substitute for seeking professional medical advice, diagnosis, treatment, or care. All specific medical questions you have about your medical condition, treatment, care, or diagnosis should be presented to your own professional healthcare provider. You should never disregard medical advice or delay in seeking it because of something you have read on this site.
5. We grant you a limited, nonexclusive and revocable license to make personal and non-commercial use of the site. You may view, copy, download or print materials from this site for your own personal and non-commercial use. In this context, "personal and non-commercial use" does not include posting, uploading or otherwise publishing the materials to any other site, except that you may post and share materials from this site in connection with your non-commercial and personal use of social media web sites and services, such as Facebook, MySpace, and Twitter, as well as through blogs or similar types of postings. This license does not include any rights not specifically enumerated herein. You agree to use this site only for lawful purposes and in accordance with the terms and conditions contained herein.
6. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the site or any of the content on the site, including but not limited to the trademarks and copyrights of Eyeland EyeDoc LLC and its affiliates, or to make derivative use of the site or its contents; (b) to make commercial use of the site or any of its contents; (c) to collect and use product listings, descriptions or images; (d) to download or copy any user's account information for your own use or for the benefit of another party; (e) to bypass any technical measures used to prevent or restrict access to any portion of the site; (f) to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser; (g) to use any data mining, robots, or similar automated data gathering and extraction tools to access the site; (h) to violate or attempt to violate the security of the site, or (i) to interfere with or attempt to interfere with the proper working of the site.
7. You acknowledge that your use of this site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this site, to terminate any user's account, and to alter or delete any material submitted to the site through the user's account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
Intellectual Property Rights
8. Unless otherwise noted, all content included on this site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of Eyeland EyeDoc LLC or its suppliers, licensors, partners or affiliates and is protected by United States and international copyright laws. All of the content on this site is either the property of Eyeland EyeDoc LLC or is used by us with the permission of its owner. The compilation of this site is the exclusive property of Eyeland EyeDoc LLC and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Eyeland EyeDoc LLC's ownership of the site and its content.
9. The trademarks, logos, and service marks displayed on this site are owned by Eyeland EyeDoc LLC and third parties, and this site's trade dress is owned by Eyeland EyeDoc LLC. All trademarks not owned by Eyeland EyeDoc LLC are the property of their respective owners, and, where used by Eyeland EyeDoc LLC, are used with permission. Nothing contained on this site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Eyeland EyeDoc LLC's trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Eyeland EyeDoc LLC's ownership of, or any third party's ownership of, the trademarks and trade dress used on this site.
10. Any unauthorized use of any content or materials on this site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. For information on how you may obtain authorization to use any materials or content from this site, or to use Eyeland EyeDoc LLC trademarks, service marks, product names or trade dress, please contact us through the Customer Service section of this site.
11. Before you can make use of certain services associated with this site, you must register as a user and create a user account. You agree and warrant that all information you provide to us through this site, including but not limited to any contact information and other registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.
12. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
13. By creating an account with Eyeland EyeDoc LLC, you consent to receive communications from us electronically via the email address associated with your account., or via whatever other contact information such as text, you may utilize to communicate with us. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
Matter you may submit to Eyeland EyeDoc LLC
14. From time to time Eyeland EyeDoc LLC may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, Eyeland EyeDoc LLC welcomes your participation and/or comments regarding our merchandise and services, including our Site. However, any personal photos, notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Eyeland EyeDoc LLC must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
15. Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Eyeland EyeDoc LLC will become, upon your submission, the sole and exclusive property of Eyeland EyeDoc LLC and Eyeland EyeDoc LLC shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that Eyeland EyeDoc LLC has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Eyeland EyeDoc LLC. By submitting any materials of any kind to Eyeland EyeDoc LLC, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Eyeland EyeDoc LLC does not and will not violate or infringe the rights of any third-parties.
16. Eyeland EyeDoc LLC has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, Eyeland EyeDoc LLC reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by Eyeland EyeDoc LLC necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
17. You acknowledge that communications to or with the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may view your personal photos and read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. Eyeland EyeDoc LLC does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of Eyeland EyeDoc LLC.
Site Promotions and Transactions
20. We are not responsible for typographical or other errors or omissions regarding products, prices or other information provided on this site. All product sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the site. Prices and promotions are subject to change without prior notice, and inventory and availability are subject to change.
21. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, some items shown on this site may be mispriced. If an item's correct price is higher than our advertised price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
22. Depending on your location, items purchased from this site may be subject to tax at the appropriate state and local rate. Applicable taxes will be displayed during the ordering process.
23. All items purchased from this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
24. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer, to cancel any order or part of an order, or to refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered.
25. From time to time, we may offer and/or co-sponsor contests, sweepstakes, games, or other similar promotions via this site. Each of these activities shall be governed by specific rules accessible from the site in connection with the promotion.
Links to Third Party Sites
26. From time to time, we may provide links to other internet sites or resources via this site, and other sites may link to this site. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
27. To the extent applicable, software from this site is subject to United States Export Controls. No software from this site may be downloaded or exported (i) into, or to a national or resident of, any other country to which the United States has embargoed goods; or (ii) to anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
28. Eyeland EyeDoc LLC provides this site and the associated services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Eyeland EyeDoc LLC, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
29. THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY EYELAND EYEDOC LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. EYELAND EYEDOC LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EYELAND EYEDOC LLC DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, EYELAND EYEDOC LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY DISCLOSURES ON THIS SITE SATISFY GOVERNMENT REGULATIONS REGARDING THE DISCLOSURE OF INFORMATION RELATED TO CERTAIN PRODUCTS. EYELAND EYEDOC LLC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.
30. BY USING THE EYELAND EYEDOC LLC SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. EYELAND EYEDOC LLC DOES NOT WARRANT OR GUARANTEE THAT ITS SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF EYELAND EYEDOC LLC ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, EYELAND EYEDOC LLC DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND EYELAND EYEDOC LLC, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
31. EYELAND EYEDOC LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF EYELAND EYEDOC LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EYELAND EYEDOC LLC WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY'S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON EYELAND EYEDOC LLC'S COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EYELAND EYEDOC LLC, ITS PARENT, SUBSIDIARIES OR AFFILIATES - WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY - ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $5, OR THE TOTAL AMOUNT YOU PAID TO EYELAND EYEDOC LLC.
32. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
33. You agree to indemnify, defend and hold harmless Eyeland EyeDoc LLC, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this site and the services provided in connection with the site, or your breach of any provision of this Agreement or any warranty provided hereunder.
34. You agree that if you are dissatisfied with the site or any services offered in connection with the site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Eyeland EyeDoc LLC with respect to this Agreement or the site, your sole and exclusive remedy is to discontinue using the site and any services offered in connection with the site.
35. This site is created and maintained by Eyeland EyeDoc LLC in the State of Hawaii. We make no representation that the site or any of its content is appropriate or available for use outside the United States of America, and access to the site from territories where the content is illegal is prohibited. You agree that you are solely responsible for compliance with applicable local laws connected with your use of this site.
36. You agree that the laws of the State of Ohio, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and Eyeland EyeDoc LLC or its affiliates. Regardless of where you access this site, you agree that any action or proceeding arising out of this Agreement or your use of the Eyeland EyeDoc LLC site, whether at law or in equity, must be brought in the state or federal courts serving Warren County, Ohio, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
Copyright Infringement Claims
37. Eyeland EyeDoc LLC respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. Eyeland EyeDoc LLC reserves the right to remove access to infringing material posted to its site. Such actions do not affect or modify any other rights Eyeland EyeDoc LLC may have under law or contract.
If you believe that any portion of the material contained on this site infringes your copyright, notify Eyeland EyeDoc LLC of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this site's Designated Agent:
Eyeland EyeDoc LLC
ATTN: Legal Department
PO Box 707
Kealakekua, HI 96750
To be effective, the Notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, Eyeland EyeDoc LLC will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to such alleged infringer;
- Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which Eyeland EyeDoc LLC may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, Eyeland EyeDoc LLC will:
- promptly provide the complaining party with a copy of the Counter Notification;
- inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided Eyeland EyeDoc LLC's Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on Eyeland EyeDoc LLC's network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
39. This Agreement represents the entire understanding between the parties regarding your use of the site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Eyeland EyeDoc LLC. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Eyeland EyeDoc LLC's failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
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.
41. Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms and conditions, please contact us at:
Eyeland EyeDoc LLC
ATTN: Privacy Officer
PO Box 707
Kealakekua, HI 96750