Terms of use

TERMS OF USE

This Terms of Use Agreement shall be governed by Title 15 of the United States (US) Code, Chapter 96, Subchapter I — Electronic Records and Signatures In Commerce (§ § 7001–7006) (“Electronic Signatures Act“), and your agreement to the terms of this Agreement shall be manifested by any use, viewing or access to this Web site (the “Site”).

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. Eye Reach Patients, LLC (“ERPLLC,” “we,” “us”) provides this web site (collectively, the “Site”), and patient communication services (the “Services”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement and the ERPLLC Site Privacy Policy governs the relationship between ERPLLC and you (the “Site Visitor” or “you”) with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree to these terms and conditions, you must not use the Site.

ERPLLC may at any time, at its sole discretion, revise or otherwise update this Agreement by posting an amended Agreement on the Site; any changes that ERPLLC makes to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the bottom of this Agreement. Your use of the Site following the posting of an updated Agreement constitutes acceptance of the updated Agreement.

Further, ERPLLC reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. You agree that ERPLLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any materials provided on the Site.

1. YOUR USE OF THE SITE

By requesting access to the Site and/or the Services, you confirm that you are a health care provider, or that your request for access to the Site and/or the Services is made on behalf of a health care provider, as that term is defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and all subsequent amendments and the rules and regulations issued by the U.S. Department of Health and Human Services (HHS) pursuant to HIPAA. You acknowledge that the Services may constitute a covered transaction under HIPAA and that you will comply with HIPAA regarding any information you receive as a result of the Services provided by ERPLLC on this Site. You agree that all Electronic Health Records and/or Electronic Medical Records entered into and/or managed by the Site will be protected by you in compliance with HIPAA and all regulations and standards. In order to take advantage of certain features on the Site, you may be required to register to set up a Site account, where you can save your preferences, receive email alerts, discount offerings, or other information from the Site. You may also be required to register to receive email updates with updated information from ERPLLC. By having a Site account with ERPLLC, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the U.S. or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our Site, and (b) maintain and promptly update your Site information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Services. All accounts, user names and passwords are personal. You may not transfer an account, user name or password to anyone else or allow someone else to use your account, user name or password without ERPLLC’s written permission. Similarly, you may not use the account, user name or password of anyone else without their permission and the permission of ERPLLC.

You are responsible for all activity on your account. If you become aware of any unauthorized use of your account, user name or password, you should immediately notify ERPLLC. Such notification will not render ERPLLC responsible for any unauthorized use of your account, whether occurring before or after such notification. ERPLLC may refuse registration of any user at its complete discretion and may terminate your access to the Site, or any area of the Site, or an account, user name or password, at any time, at its complete discretion. You acknowledge that misuse of the Site or Services will constitute a material breach of these Terms of Use and that under such circumstances ERPLLC will have the right to either suspend your right to use the Site and Services pending any resolution of the dispute or terminate your access to the Site and Services.

2. NO GUARANTEE OF RESULTS

There is no guarantee for the results of the Site, Services or any other information provided on the Site. You acknowledge that the Site and Services are provided “as is.”

3. USER’S SUBMISSIONS

The ERPLLC Privacy Policy governs personal information you submit to ERPLLC. If there is any inconsistency between this Agreement and the ERPLLC Privacy Policy, this Agreement shall govern. You agree that you will not upload or transmit any communications or content of any type to ERPLLC that infringes or violates any rights of any party. By submitting communications or content to ERPLLC, you agree that such submission is non-confidential for all purposes. If you submit any business information, idea, concept or invention to ERPLLC, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, ERPLLC a royaltyfree, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. ERPLLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the ERPLLC without a prior agreement regarding confidentiality. It is strictly prohibited to upload information of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use or the ERPLLC Privacy Policy. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site. ERPLLC reserves the right to review all information prior to posting on the Site and to remove any information for any reason, at any time, without prior notice, at its sole discretion.

4. RULES OF CONDUCT.

You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or other materials. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Site; (d) engage in spidering, screen scraping, database scraping, harvesting of catalogue information, email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining information on users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (e) obtain or attempt to obtain unauthorized access to computer systems, Services or information through any means; (f) use the Site or the Services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (g) use the Site or the Site’s services or features in violation of ERPLLC’s or any third party’s intellectual property or other proprietary or legal rights; (h) use any known or future unknown technology to harvest, names, auction ids, web site addresses, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (i) use any device, software or scheme that would interfere with the proper functioning of the Site, or any transaction via the Site; (j) place an undue burden or interfere with the lawful transmission of ERPLLC’s content to its users, use any device to limit ERPLLC’s total free access to the web infrastructure; and (k) use the Site or the Site’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Site.

5. ERPLLC’S PROPRIETARY RIGHTS.

You acknowledge and agree that the Site, the Services and the materials provided on the Site are and shall remain the property of ERPLLC and/or its licensors, and are protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance in writing by ERPLLC, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the materials, provided that, subject to your compliance with this Agreement, ERPLLC does grant to you a limited, personal, revocable, non-transferable and not sublicensable license to:(a) access the Site and the materials via the Internet solely for purposes of viewing such materials and (b) to print out pages of the Site for your personal, non-commercial use if you include the following copyright notice: “Copyright © 2015, Eye Reach Patients, LLC. All rights reserved.” and other copyright and proprietary rights notices that are contained in the Materials. Any special rules for the use of other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. Materials and features are subject to change or termination without notice in the editorial discretion of ERPLLC. All rights not expressly granted herein are reserved to ERPLLC and its licensors. If you violate any of these Terms of Use, your permission to use the materials provided on the Site automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.

All trade names, trademarks and service marks on the Site that are not owned by ERPLLC or its affiliates are the property of their respective owners. The trade names, trademarks, and service marks owned by ERPLLC or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not either ERPLLC’s or one of its affiliate’s product or Service, or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of ERPLLC’s (or its affiliates’) trade names, trademarks, or service marks without the prior express written permission of ERPLLC or its affiliates.

6. ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES.

The Site may provide links to third-party web sites. ERPLLC also may select certain sites as priority responses to search terms you enter and ERPLLC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. ERPLLC does not recommend and does not endorse the content on any thirdparty websites. ERPLLC is not responsible for the content of linked thirdparty sites, sites framed within the ERPLLC Site, third-party sites provided as search results, or thirdparty advertisements, and does not make any representations regarding their content or accuracy. Your use of thirdparty websites is at your own risk and subject to the terms and conditions of use for such sites. ERPLLC does not endorse any product, service, or treatment advertised on the ERPLLC Site.

7. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.

THE SITE, THE SERVICES AND OTHER MATERIALS ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ERPLLC, ITS AFFILIATES AND ITS SUPPLIERS DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE (INCLUDING ANY LINKS TO OTHER WEBSITES THAT ARE CONTAINED WITHIN THE SITE), THE SERVICES AND OTHER MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ERPLLC, ITS AFFILIATES AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ERPLLC, ITS AFFILIATES AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SERVICES AND OTHER MATERIALS IS TO STOP USING THE SITE, THE SERVICES AND OTHER MATERIALS.

8. INDEMNITY.

You agree to defend, indemnify and hold harmless ERPLLC, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys’ fees) arising out of: (a) your activities in connection with the Site; (b) your use of the Services or other materials provided by ERPLLC based on your request made on this Site; (c) any violation or alleged violation of the Terms of Use of any third party website by ERPLLC, or other claim of violation or alleged violation made by any third party against ERPLLC, arising out of the provision of any Services to you based on your request made on this Site; (d) any violation of this Agreement by you; (e) any improper or unauthorized use of the Site, the Services and other materials by you; or (f) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

9. JURISDICTIONAL ISSUES.

The Site is controlled and operated by ERPLLC from its principal office in Weston, Florida, U.S.A., and is not intended to subject ERPLLC to the laws or jurisdiction of any state, country, or territory other than those of the State of Florida and the U.S.A. ERPLLC does not represent or warrant that the Site, the Services and other materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site, the Demo Site, the Services and other materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. ERPLLC may limit the availability of the Site to any person, geographic area, or jurisdiction it chooses, at any time at its sole discretion. You agree not to transport, import, export or re-export all or any part of the Site, the Services and other materials to (or to a national or resident of), or to use all or any part of the Site, the Services and other materials from (as applicable): (a) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (b) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to ERPLLC that you are not located in or under the control of any such country or on any such list.

10. GOVERNING LAW AND FORUM.

This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, United States of America, without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials between you and ERPLLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers, you agree to the exclusive jurisdiction of the federal and state courts located in Broward County in the State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

11. COPYRIGHT AGENT.

ERPLLC respects the intellectual property rights of others, and requires that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to ERPLLC, designated as such pursuant to the Digital Millennium Copyright Act of 1998, Title 17 of the U.S. Code § 512(c)(2), named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, affirming that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

12. MISCELLANEOUS.

If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

13. COMPLETE AGREEMENT; NO MODIFICATION; NON-ASSIGNABILITY.

Except as otherwise expressly provided, these Terms of Use together with any of ERPLLC’s policies referred to herein, are the entire Agreement between you and ERPLLC relating to your use of the Site, the Services and other materials, and supersedes any and all prior or contemporaneous written or oral Agreements between you and ERPLLC regarding the same subject matter (except other written, fully-executed contracts, including Sales Order Authorizations between you and ERPLLC). Neither the course of conduct between you and ERPLLC, nor trade practice, shall act to modify any provision of this Agreement. Any modification of this Agreement must be in writing and signed by the party against whom enforcement is sought. This Agreement is not assignable, transferable or sublicensable by you except with the prior written consent of ERPLLC. Questions or comments regarding the Site should be submitted using the Contact Us Form or via U.S. mail to:

Webmaster
Eye Reach Patients, LLC
3265 MERIDIAN PKWY STE 112
WESTON FL 33331-3505
USA
Last Updated: January 4, 2015