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Acceptance of Terms
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Website Use Restrictions
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Limitation of Liability
Regardless of the type of claim or the nature of the cause of action, you agree that in No event will Eyefinity, its affiliates, contractors, service providers, employees, agents or licensors or any other party involved in creating, producing or delivering the site or services ("Eyefinity affiliates") be liable in any manner whatsoever; (l) for any decision made or action taken or omitted by you in reliance upon the information provided through the site; (ll) for loss or inaccuracy of data or, cost of procurement of substitute goods, services or technology; (lll) for unauthorized access to or alterations of your third party content or other information; and (lV) for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss for revenues and loss of profits, even if Eyefinity has been advised of the possibility of such damages. The aggregate liability of Eyefinity and the Eyefinity affiliates arising from or relating to this agreement (regardless of the form of action or claim) is limited to the amounts paid by you to Eyefinity during the preceding (12) months. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Therefore, depending on the jurisdiction, some of the exclusions set forth in this section may not apply to you.
Financial Relationships With Eyefinity Affiliates (Stark and Antikickback Law Compliance)
Eyefinity does not participate in or facilitate unlawful relationships under federal or state health care laws. If you have a financial relationship with any Eyefinity Affiliate, your relationship may cause your requests through Eyefinity to be prohibited referrals under the federal physician self-referral statute (commonly referred to as the "Stark Law") or its state law analogs. Likewise, if you solicit, receive, offer or pay remuneration, in cash or in kind, in return for the referral of patients, your activities may violate federal or state antikickback laws. We presume that you will consult with your counsel to avoid any violation of Stark, its state analogs and antikickback laws. If Eyefinity learns that you have a relationship or are engaging in activities that violate any of these laws, Eyefinity will terminate your ability to access Eyefinity's site.
Third Party Sites, Products and Services
Eyefinity links to various external web sites that are not under the control of Eyefinity and Eyefinity is not responsible for the content, nor products or services sold by any linked site or any link contained in a linked site. Eyefinity does not assume any responsibility or liability for the actions, products and content of all these and any other third parties. Eyefinity reserves the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.
Please see our "HIPAA Readiness Statement" posted under the eLearn tab in the HIPAA Resource Center.
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Eyefinity is a registered trademark of Eyefinity, Inc. OfficeMate is a registered trademark of OfficeMate Software Solutions, Inc. ExamWRITER is a registered trademark of Marchon Eyewear, Inc. All other company names and brands are trademarks or registered trademarks to their respective owners.
Fee and Payment Policies
For questions related to billing, email firstname.lastname@example.org or call 877.448.0707.
You agree to pay all fees which arise out of your use of the site or the services in accordance with the terms posted on the site and the terms of any other written agreement with Eyefinity. We may change our fees and payment policies from time to time and will post any such changes on our web site or by written notice.
For VSP panel providers, after non-payment of claim fees or other site service fees after 60 days, Eyefinity reserves the right to withhold the amount from the bi-monthly VSP payment of services check. A service fee may apply. For providers or opticians outside the VSP panel, after non-payment of claim fees or other site service fees for 60 days, Eyefinity will charge the credit card on file for the delinquent account for all payments due Eyefinity, including any finance charges assessed. If a valid credit card is not on file with Eyefinity, services may be interrupted and the account may be forwarded to a third party collection agency.
The customer will be responsible for all bank charges resulting from checks returned for non-sufficient funds. Eyefinity will refund credit balances upon request.
Annual fees for enrollment/membership (if applicable) are payable via credit card at the time Eyefinity notifies the user of approval and provides a site access code and password. Eyefinity's money-back guarantee can be redeemed within the first 60 calendar days beginning on the day the account ID and password are provided. Requests can be made either by phone or mail contact with Eyefinity's Customer Care department and must include the site access ID and password. A credit for the full annual fee will be made within 30 days to the original credit card used for registration. Renewal of this annual fee is billed upon 12 months of the provision of the access code/password. Non-payment of this annual fee after 30 days will result in the termination of the user's account, and Eyefinity is not responsible for the loss of any account history or return of transactions or data provided.
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