Near Vision Institute, a non-profit corporation in Washington State, USA, ("Near Vision Institute", "NVI", "we", "it", "us," or "our") owns and operates the online EYE Toolbox™ located at the public URL, www.EYE.com, and the private URL, www.EYE1.com (the "EYE Toolbox"), and provides services to subscribers via the EYE Toolbox™ (collectively, the "Services").
United States Residents Only
At this time, Near Vision Institute offers the EYE Toolbox and Services™ only to users who reside in the united states. IF YOU ARE NOT A RESIDENT OF THE UNITED STATES, LEAVE THIS PAGE AND DO NOT USE THE EYE TOOLBOX OR THE SERVICES.
The EYE Toolbox and Services™ are licensed to you on a non-exclusive, non-transferable, and revocable basis and not sold. Your use of the EYE Toolbox and Services is conditioned on your payment for the right to use the EYE Toolbox and Services. You hereby grant to Near Vision Institute and its successors and assigns a non-exclusive, fully paid, transferrable, world-wide right to publish, display, use, copy and provide any content you provide to Near Vision Institute or post on the EYE Toolbox and Services to Near Vision Institute.
Privacy | Business Associate Agreement | HIPPA Compliance
We take privacy and security seriously. Near Vision Institute uses Amazon Web Services ("AWS") to host and help deliver the EYE Toolbox and Services and to protect patient health information ("PHI"; e.g., your data is encrypted from your browser to our servers, your PHI is encrypted when stored on our, multiple encrypted backups are created to protect your PHI in cases of a disaster, user activities are logged and auditable records are maintained, we provide a backup copy to you and will destroy your PHI when you cancel.) Near Vision Institute has entered into the AWS Business Associate Addendum with AWS. As part of each user's account signup process, you will be asked to read, and then required to agree, to the Near Vision Institute Business Associate Agreement by clicking "Accept Near Vision Institute Business Associate Agreement" for your account button (or other electronic means made available by Near Vision Institute for this purpose). By accessing or using our EYE Toolbox or Services, you agree to the then current Near Vision Institute Business Associate Agreement.
Privacy | Non-Patient Health Information
Each registration is only for a single account holder, which could be a clinic with a group of providers ("Group Clinic") or an individual clinician user. If the account holder is a multiople user Group Clinic, and the Group Clinic wishes to have multiple users on its EYE Toolbox account, the Administrator of the Group Clinic account can facilitate this step by inviting each individual user to register an individual account on the EYE Toolbox and Services by distributing a unique access key to each user of the Group Clinic account, and the clinic agreeing to pay the licensing fees for each user.
As an account holder (Group Clinic individual users), you are not allowed to share your unique registration login credentials so other persons can use the EYE Toolbox or Services under your account credentials. Near Vision Institute may cancel or suspend your access to the EYE Toolbox and Services if login credentials are shared. You are responsible for maintaining the confidentiality of your own password. If you need to re-set your password, this step can be completed online via the EYE Toolbox and Services.
The owner and administrator of the EYE Toolkit Account is responsible for the security of all user' devices and information system(s), including its network and related computer equipment and peripherals ("Information System(s)"). In the event a user is accessing the EYE Toolbox and Services through a mobile device, the owner and administrator of that EYE Toolkit Account is solely responsible for the security, access and use of such mobile device.
Near Vision Institute Content
Near Vision Institute makes no representations or warranties, whether express, implied in law, or residual, as to the accuracy, completeness, or reliability of information, opinions, data or content contained on the EYE Toolbox and Services, and shall not be bound in any manner by any information contained on the EYE Toolbox or Services. Near Vision Institute's current and future templates, forms, directions, summaries, plans, tutorials, reports, resources, and printables ("Near Vision Institute Content") are not offered are not offered to provide medical advice or medical treatment; you understand and agree that each clinician must evaluate the Near Vision Institute Content and only use it if its fully appropriate for the patient. The Near Vision Institute Content is licensened to you for use withjin the EYE Toolkit and Services on a non-exlusive, non-transferable and revocable basis. You are fully and solely responsible for the accuracy and suitability of your use of the Near Vision Institute Content. Near Vision Institute reserves the right to change the Near Vision Institute Content or discontinue some or all of the Near Vision Institute Content without notice, at any time, any aspect or feature of the EYE Toolbox or Services.
The content of the EYE Toolbox™ and Services is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, treatment or recommendations of any kind. Reliance on any information appearing on the EYE Toolbox or Services is solely at your own risk.
The EYE Toolbox, the Services and their entire contents, features and functionality (including, but not limited to, all information, software, displays, images, text, video, and audio and the design, selection and arrangement thereof) are the property of Near Vision Institute and/or its licensors and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Near Vision Institute reserves all rights. Nothing contained in the EYE Toolbox or Services should be construed as granting any license or other right without the express written consent of Near Vision Institute.
You agree that any comment, suggestion or idea you provide to Near Vision Institute about the EYE Toolbox or Services is not confidential and may be used and commercially exploited by Near Vision Institute without compensation to you.
You agree not to:
If Near Vision Institute become aware that an individual is using the EYE Toolbox or Services in violation of these Terms, Near Vision Institute may prohibit and block or terminate such individual from using the EYE Toolbox or Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE EYE TOOLBOX OR SERVICES IS AT YOUR SOLE RISK. Near Vision Institute DOES NOT WARRANT THAT ACCESS TO THE EYE TOOLBOX AND SERVICES™ WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. THE EYE TOOLBOX and SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN, AND THE EYE TOOLBOX AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS." Near Vision Institute EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
Near Vision Institute IS NOT A MEDICAL PRACTICE. Near Vision Institute IS NOT A MEDICAL ORGANIZATION. Near Vision Institute AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF THE EYE TOOLBOX OR SERVICES (INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN) OR SERVICES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. YOUR SOLE REMEDY IN THE EVENT OF ANY PROBLEM WITH THE EYE TOOLBOX OR SERVICES IS TO STOP USING THE EYE TOOLBOX OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF Near Vision Institute TO YOU WITH RESPECT TO YOUR USE OF THE EYE TOOLBOX OR SERVICES IS THE GREATER OF $100.00 OR THE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
"Confidential Information" includes all confidential or proprietary aspects of the Services, including any of its features and functionalities, in addition to any information you submit through the Services that a reasonable person would expect under the circumstances of disclosure to be kept confidential (e.g., any personal information or health information).
The Parties agree that any breach of this section by the other may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity or by statute, the non-breaching party is entitled to seek injunctive and other equitable relief.
You agree to defend, indemnify and hold harmless Near Vision Institute and its officers, employees, directors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and costs incurred) arising out of or relating to your use of the EYE Toolbox or Services.
Should a dispute arise under this Agreement or between the parties, the parties shall first notify the other in writing of the dispute and attempt in good faith to resolve the matter informally. If the parties are not able to resolve the dispute within 60-days of the notice of the dispute to the other, they shall pursue mandatory mediation with a mutually agreeable mediator at JAMS, Seattle. If the parties cannot agree on a mediator, the then current managing member of JAMS, Seattle shall appoint the mediator. If the matter is not resolved through mandatory mediation, the dispute shall be resolved using binding arbitration with a single arbitrator, and hereby appoint Judicial Dispute Resolution, LLC to serve as the arbitrator ("JDR"), and agree to use JDR's then current Arbitration Rules for the arbitration. If the parties cannot agree on the arbitrator, the then current managing member of JDR (Seattle) shall appoint the mediator. The parties further agree that the arbitration hearing shall be held no later than 120-days from the date of the Demand for Arbitration. Each party shall pay 50% of the mediation and arbitration fees and costs. The prevailing party in arbitration is entitled to recovery of its reasonable/actual attorney fees and costs incurred, including reimbursement of their share of the mediation and arbitration fees and costs.
In no event will Near Vision Institute be deemed in default hereunder based on delay in, or failure of, performance (other than the payment of money) if caused by floods, fires, storms or other acts of God, by war or acts of public enemy, including terrorism, or civil disturbance, strikes, lockouts, shortage of labor, labor disputes or labor trouble, problems in obtaining raw materials or production facilities, power failure, equipment failure, transportation shortages or failures, actions of any governmental or other authority, or any other cause not within Near Vision Institute's reasonable control.
Last updated: October 08, 2021