Terms of Use

IMPORTANT NOTICE:

THE TERMS OF USE IS AN ENFORCEABLE AGREEMENT THAT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

 

Last Updated:  August 21, 2026

Acceptance of Terms

Welcome to Eyefinity. These terms of use (“Terms of Use”) govern your access to and use of our website, eyefinity.com, and any mobile applications and other digital properties on which these Terms of Use are posted or referenced (the “Sites”) and your access to and use of any current or future services, tools, applications or features made available or accessed through the Sites (the “Services”). Please read these Terms of Use carefully. By accessing or using the Sites or Services, or by clicking “Agree and Continue” when prompted, you accept these Terms of Use and are entering into a binding agreement with Eyefinity, Inc. (“Eyefinity”, “we”, “us”) which operates or controls the Sites from its principal place of business at 3333 Quality Drive, Rancho Cordova California 95670. Eyefinity is permitting you to use the Sites and the Services subject to this agreement, as well as our Privacy and Security Policy, legal notices and any other written agreement between you and Eyefinity concerning the Sites or Services. If you do not agree to be bound by the Terms of Use, do not use or access the Sites or Services.

Eyefinity Services

The Sites provides you with access to a wide variety of Eyefinity's and third parties' products, content, tools and Services. You understand and agree that Eyefinity, in its discretion, at any time and without notice, reserves the right to modify, enhance or supplement the Services. You further understand and agree that any such changes will automatically constitute part of the Services and as such, will also be subject to this agreement, unless expressly stated otherwise. You understand and agree that Eyefinity, in its sole discretion, at any time and without notice, reserves the right to discontinue the Site and/or the Services, including without limitation access to any content, products or services offered in connection therewith, in whole or in part, temporarily or permanently. Eyefinity takes no responsibility and assumes no liability to you or any third party for any such modification or discontinuation.

Eyefinity endeavors to make the Sites available on a continuous basis, however the Sites and related Services may be unavailable, delayed, interrupted or degraded from time to time due to maintenance, system, or equipment failure or supplier or service provider interruptions, force majeure events, or other causes beyond Eyefinity’s control. If you are having difficulty logging into your user account, please contact the Customer Care Department at the contact information at the bottom of this page.

Artificial Intelligence Assistant

Eyefinity may make available an artificial intelligence (“AI”)-enabled assistant, chatbot, automated agent, or similar interactive tool, including Amelia or any Eyefinity Encompass AI assistant, as part of the Sites or Services. You acknowledge and agree that any AI assistant is an automated technology and is not a human representative. Eyefinity will use commercially reasonable efforts to identify the AI assistant as an artificial intelligence assistant or automated assistant in a clear and conspicuous manner.

The AI assistant is provided for general informational, administrative, navigation, support, and service-related purposes only. Responses generated by the AI assistant may be incomplete, inaccurate, outdated, or not applicable to your specific circumstances. You are responsible for independently reviewing and verifying any information, instructions, or output provided by the AI assistant before relying on it or taking action. The AI assistant does not provide medical, clinical, legal, compliance, billing, coding, reimbursement, or other professional advice and is not a substitute for professional judgment, applicable written agreements with Eyefinity, official Eyefinity documentation, or direct assistance from Eyefinity Customer Care.  

By initiating or continuing a chat or other interaction with an AI assistant, you consent to Eyefinity and any AI assistant service providers’ collection, recording, transcription, storage, monitoring, review, use, and disclosure of chat communications and related information as described in the Privacy and Security Policy and any just-in-time disclosure presented at or before the start of the chat. You agree not to submit Protected Health Information, patient-identifiable information, confidential practice information, payment card information, credentials, or other sensitive information through the AI assistant.

User Accounts  

When you register for a user account on eyefinity.com on behalf of your practice, you understand and agree that you are being given access to a private computer system containing sensitive information used to verify VSP member, patient, benefits and eligibility information. You further understand and agree that you are solely responsible and liable for all actions taken on your user account using your login credentials (or any separate login credentials used to access your user account, discussed below) regardless of whether such actions were taken with or without your or the practice’s knowledge or authority.  

In order to protect the security and confidentiality of your user account and associated patient information, user account login credentials should not be shared among practice staff or with third-party service providers. Practices are encouraged to establish separate user account login credentials for each practice provider, employee, authorized third-party vendor, software application, workflow automation solution, revenue cycle management service, eligibility verification service, prior authorization service, or other authorized service provider.

Prohibited User Account Activity

User accounts may only be used by a practice’s authorized staff members and authorized third-party vendors to access information needed to verify benefits and eligibility information for the practice’s own patients; all other activity is prohibited. Prohibited activity includes accessing or attempting to access patient benefits, eligibility, claims, demographic, or similar information through a practice’s user account where the patient is not: (i) a current patient of the practice; (ii) a scheduled patient of the practice; (iii) a person referred to the practice for services; (iv) a person for whom the practice is conducting billing, eligibility and insurance verification, or similar administrative activities; or (v) otherwise documented in the practice’s records as having a legitimate business relationship with the practice.

User accounts may not be used to access, aggregate, distribute, syndicate, resell, or otherwise make available eligibility, benefits, patient, or related information for the benefit of unaffiliated practices, online retailers, marketplaces, or other entities not authorized to access such information through that user account.

Eyefinity may monitor user account activity, including activity performed by authorized third-party vendors, software applications, workflow automation solutions, artificial intelligence tools, revenue cycle management services, and other service providers acting on behalf of a practice, to validate appropriate use, for security purposes and to help detect and prevent unauthorized or fraudulent activity on your account. Eyefinity will notify you if it detects any unauthorized activity associated with your user account, including any of the unauthorized activity listed below. Eyefinity may also request that you undertake certain corrective actions on your user account, including reviewing your user account activity, resetting user account login credentials associated with your account, and cooperating with Eyefinity in its investigation. In the event that any corrective actions are unsuccessful or if a user account holder is not responsive, Eyefinity reserves the right to temporarily suspend user account access, including temporarily disabling any user account login credentials associated with your user account.

  • Excessive eligibility transactions inconsistent with your normal practice activity.
  • User account login credentials used to access information for patients outside the user account owner’s practice. 
  • Repeated failed login attempts, unusual reset activity, or other patterns inconsistent with expected use. 
  • Access from systems, locations, or workflows that suggest unauthorized access on your user account, login credential misuse, unauthorized collection, aggregation, syndication, monitoring, or use of patient, eligibility, benefits, or related information accessed through your user account.
  • Other activity reasonably indicating user account compromise.

 

Protecting Your User Account Login Credentials

You agree to guard your user account login credentials carefully and to instruct all practice providers, employees and third-party vendors with separate user login credentials to do the same. You understand and agree that failure to keep user account login credentials secure could enable others to engage in transactions through your user account for which you will be legally responsible. If you suspect that someone who is not authorized to act on your behalf may have obtained access to your login credentials or any separate user login credentials for your practice’s account, please immediately contact Eyefinity Customer Care at the contact information at the bottom of this page to authorize Eyefinity to reset or disable your user account login credentials.

Restrictions on the Use of our Sites

You agree not to use, authorize, or enable data mining, scraping, automated data collection, aggregation, monitoring, or automated access that exceeds your authorized use of the Sites or Services, accesses information outside of your legitimate business need, or otherwise violates these Terms of Use.

You agree not to use, authorize, and/or enable automated searches that impose an unreasonable or disproportionately large load on our infrastructure or use and/or enable any device, software or routine that interferes with the proper working of the Sites nor shall you attempt to interfere with the proper working of the Sites.

Any illegal or unauthorized use of the Sites shall constitute a violation of these Terms of Use. You do not have permission to access the Sites in any way that violates these Terms of Use. Illegal or unauthorized use of the Sites includes, but is not limited to, unauthorized framing of or linking to the Sites, or unauthorized use of any robot, spider or other automated process on the Sites. It shall also be a violation of these Terms of Use for any individual (or group of individuals acting in concert) to request more than 100 pages of content from Sites in any twenty-four-hour period (hereafter referred to as "Abusive Use").

YOU MAY NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE. YOUR ACCESS OR USE TO THE SITES MAY BE TERMINATED IMMEDIATELY IN EYEFINITY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS OF USE, OR FOR ANY OTHER REASON, OR FOR NO REASON.

SUSPECTED VIOLATION OF THESE TERMS OF USE OR LAW; INJUNCTIVE, EQUITABLE RELIEF, AND LIQUIDATED DAMAGES

Violation(s) of these Terms of Use may be investigated, and appropriate legal action may be taken, including, without limitation, civil, criminal and/or injunctive redress. You understand and agree that in Eyefinity’s sole discretion, and without prior notice, Eyefinity may terminate your access to the Sites, remove any unauthorized user content or exercise any other legal or equitable remedy available, if Eyefinity believes that your conduct or the conduct of any person with whom Eyefinity believes you act in concert, or the user content you provide, violates or is inconsistent with these Terms of Use or the law, or violates the rights of Eyefinity or another user of the Sites. You agree that monetary damages for violation of these Terms of Use, including Abusive Use, are difficult and costly to ascertain and may not provide a sufficient remedy to Eyefinity for violations of these Terms of Use and you consent to the application of injunctive or other equitable relief for such violations.

Nothing in this section is intended to prohibit authorized use of third-party software, workflow automation, eligibility verification solutions, revenue cycle management services, prior authorization service providers, or similar technologies that support a practice's legitimate and authorized business operations and access information only within the scope of the practice's authorized relationship and business purpose.

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 parent company, subsidiaries, affiliates, officers, directors, employees, contractors, service providers, agents or licensors or any other party involved in creating, producing or delivering the  Sites or Services ("Eyefinity Affiliates") be liable in any manner whatsoever; (i) for any decision made or action taken or omitted by you in reliance upon the information provided through the Sites or Services; (ii) for loss or inaccuracy of data or, cost of procurement of substitute goods, services or technology; (iii) for unauthorized access to or alterations of your third party content or other information; and (iv) for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of revenue 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 these Terms of Use and 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.

Privacy and Security

Please review our Privacy and Security Policy to understand our privacy practices.

Financial Relationships with Eyefinity Affiliates (Stark and Anti-Kickback 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 anti-kickback laws. We presume that you will consult with your counsel to avoid any violation of Stark, its state analogs and anti-kickback 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 the Sites.

Third Party Sites, Products and Services

Eyefinity links to various external websites that are not under the control of Eyefinity and Eyefinity is not responsible for the content, nor products or services sold by any linked site or any link contained in a linked site. Eyefinity does not assume any responsibility or liability for the actions, products and content of all these and any other third parties. Eyefinity reserves the right to terminate any link or linking program at any time. If you decide to access any of the third-party sites linked to this site, you do this entirely at your own risk.

HIPAA Compliance

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

Copyright Notice

Copyright © 2026, All content on the Sites, such as text, graphics, images, and logos, is the property of Eyefinity or its content suppliers and business affiliates and is protected by United States copyright laws.

Registered Trademark

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

Fee and Payment Policies

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

You agree to pay all fees which arise out of your use of the Sites or the Services in accordance with these Terms of Use 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 eyefinity.com or by written notice.

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

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

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

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

DISPUTE RESOLUTION (INCLUDING INFORMAL DISPUTE RESOLUTION; BINDING ARBITRATION, CLASS ACTION WAIVER, JURY TRIAL WAIVER)

PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Applicability

To the fullest extent allowed by applicable law, you and we agree to submit all Disputes (defined below) between us to individual, binding arbitration pursuant to the provisions in this “Dispute Resolution” Section. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and us that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the site, your relationship with us, and all matters relating to or arising from these Terms of Use, our Privacy Statement, or any other agreement between you and us, including the arbitrability, scope, validity and enforceability of this agreement to arbitrate, and including any dispute, claim, or controversy that arose prior to the effective date of these Terms of Use. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, including on initial issues of arbitrability and scope of the agreement to arbitrate such that all questions are delegated to the arbitrator to the fullest extent permitted by applicable law. This includes claims that accrued before you agreed to these Terms of Use. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.

(b) Initial Dispute Resolution Conference

We hope no Dispute ever arises. Please submit the Contact Us form to address any concerns you may have regarding your use of the Sites. Most concerns may be quickly resolved in this manner.

In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and we agree to personally meet and confer telephonically or via videoconference in a good faith effort to resolve informally any Dispute prior to either party initiating a lawsuit or arbitration (“Initial Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference, as will we. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Initial Dispute Resolution Conference (“Notice”), which shall occur within 60 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. The Initial Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party sends a Notice, even if the same law firm or group of law firms represents multiple users in similar cases; unless all parties agree, multiple individuals initiating a Dispute cannot participate in the same Initial Dispute Resolution Conference. If we have a Dispute with you, we will send Notice of that Dispute to your billing address and/or email address you have provided to us. If you have a Dispute with us, you will send Notice to us in writing at the email address you have on file for us, using the subject line “Initial Dispute Resolution Conference.” Your Notice must be individual to you and must include, as applicable, your name, email address, and your residential address. The Notice also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell us what you want us to do to resolve the problem. A notice of Dispute will not be valid, will not commence the time period for the Initial Dispute Resolution Conference, and will not allow you or us later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. Engaging in the Initial Dispute Resolution Conference is a mandatory condition precedent and requirement that must be fulfilled before commencing arbitration. If either of us commences an arbitration without having previously provided a valid and compliant Notice, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it participated in an Initial Dispute Resolution Conference after sending Notice as required by this paragraph. Each party must bear its own expenses related to the Initial Dispute Resolution Conference including but not limited to filing fees, costs, attorneys’ fees and expenses.  If either party violates this Initial Dispute Resolution paragraph, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or court proceeding, and, unless prohibited by law, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration. The statute of limitations and all filing fee deadlines shall be tolled while the parties engage in the Initial Dispute Resolution Conference process required by this paragraph.

(c) Binding Arbitration

If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Conference, then either you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration, unless an exception applies as stated below under “Exceptions.” The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules (as applicable), (the “AAA Rules”) effective as of the date of the Notice of Dispute, which are available at the AAA website, https://www.adr.org/Rules, as modified by these Terms of Use.

Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the AAA Rules.

The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction.

The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration, except as set forth in the “Exceptions” section below. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense that any portion of this agreement is not enforceable, subject to the “Exceptions” section below.

Each party must bear its own expenses related to the binding arbitration including but not limited to filing fees, attorneys’ fees, costs and expenses.  Your and our right to recover attorneys’ fees, costs, expenses and arbitration fees shall be governed by the laws that apply to the parties’ dispute, as well as any applicable arbitration rules.

(d) Class Action and Class Arbitration Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action, and the parties expressly waive their right to file a class action or seek relief on a class basis.  To the fullest extent permitted by law, the parties agree that any Dispute, claim, or controversy arising out of or relating to this Agreement shall be brought solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, representative, mass, or private attorney general proceeding. The parties expressly waive any right to maintain, participate in, or recover relief through any class, collective, representative, or consolidated action. The arbitrator or court shall have no authority to hear or arbitrate any dispute on a class, collective, or representative basis.

Although the parties have agreed that no disputes may proceed as part of a class arbitration, you and we agree that the AAA may consolidate an individual arbitration filed under these Terms of Use with other individual arbitration(s), at the request of any party, if the arbitrations share any common issues of law or fact. The consolidation issue shall be determined by a Process Arbitrator, if a Process Arbitrator is appointed by the AAA. Any disputes over whether an arbitration claim should be consolidated with others, or which arbitrator shall hear any consolidated matter, shall be resolved by the AAA.

If any court or arbitrator determines that the class action and class arbitration waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

(e) Fees

Each party will be responsible for its arbitration fees as set by AAA. For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less, the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, unless the total damages awarded are less than the amount of a settlement offered by us during the Initial Dispute Resolution Period as outlined above. The arbitrator may also award us our attorney fees, expert witness fees and costs if it is determined that your claim was brought in bad faith, for purposes of harassment, or is patently frivolous.

If multiple individual arbitration proceedings are consolidated pursuant to the Class Action and Class Arbitration Waiver section above, AAA and the arbitrator shall treat the consolidated proceedings as one arbitration for purposes of assessing AAA fees and the arbitrator’s compensation, and you consent and agree not to object to any reduction or elimination of AAA fees or arbitrator compensation.

(f) Exceptions

Small Claims Court Claims. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction and on an individual (non-class) basis only. If a party initiates an arbitration asserting a claim that falls within the jurisdiction of the small claims court, the other party may, at its discretion, require that the arbitration demand be withdrawn and that the claim be filed in the small claims court.

California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California's Private Attorneys General Act.

Intellectual Property, Trade Secret, and Moral Rights Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Such claims are subject to the jurisdiction provisions below.

(g) 30 Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in sections above by sending written notice of your decision to opt out via the Contact Us form. The notice must be sent within thirty (30) days of your registration for an account on eyefinity.com, or your agreement to these Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.

(h) Exclusive Venue for Litigation

To the extent that the arbitration provisions set forth above do not apply, as determined by an arbitrator, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Texas (except for small claims court actions which may be brought where you reside). The parties expressly consent to exclusive jurisdiction in Texas for any litigation other than small claims court actions.

Indemnification

You agree to defend, indemnify and hold harmless Eyefinity and Eyefinity Affiliates from all liabilities, claims and expenses, including without limitation attorneys’ fees, that arise from your use of the Sites or any Services, information, or products of the site, or any violation of these Terms of Use.

No Waiver

Neither the failure nor delay of Eyefinity to exercise any right, remedy, power, or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power, or privilege, nor will any waiver of any right, remedy, power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by Eyefinity.

Severability

If any provision of these Terms of Use is held to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of any other provision. The unenforceable provision will be amended so as to best accomplish the objectives of the provision within the limits of applicable law.

Updates and Modifications to Terms of Use

Eyefinity may update these Terms of Use at any time. If we make a material change to these Terms of Use, we will notify you, such as by posting a notice on Eyefinity.com or sending a message to the email address associated with your account. By continuing to access or use the Sites or the Services, you agree to be bound by the revised Terms of Use.

Additional Information

 Any questions or comments regarding the Sites should be directed to Eyefinity's Customer Care Department at 877.448.0707, option 1 or complete the Contact Us form for assistance.

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