This Site is owned by SVS. This Site is only for your personal, non-commercial use, and your use of this Site is subject to your acceptance of and compliance with this Agreement. Please read the terms contained herein carefully before using this Site and/or the services associated therewith. Your use of this Site and the associated services confirms your unconditional acceptance of these terms and conditions . If you do not accept these terms and conditions, do not use this Site.
I. General Use and Site License
- 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.
- The content contained in this Site is provided by SVS 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 to any individual’s circumstances. 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 professional healthcare provider. You should never disregard medical advice or delay in seeking it because of something you have read on this Site.
- SVS grants you a limited, non-exclusive, revocable license to make personal and non-commercial use of this 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 websites and services, such as Facebook, Instagram, 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 compliance with the terms and conditions contained in this Agreement.
- 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 SVS 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 Patient Profile 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.
- You acknowledge that your use of this Site is at SVS’ sole discretion, and your license to use the Site may be terminated by SVS at any time, for any reason, or no reason at all. SVS reserves the right, in its sole discretion, to refuse service, to block or prevent future access to and use of this Site, to terminate any user’s Patient Profile, and to alter or delete any material submitted to the Site through the user’s Patient Profile. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
II. Your Patient Profile
- Before you can make use of certain services associated with this Site, you must register as a user and create a Patient Profile. You agree and warrant that all information you provide to SVS through this Site, including but not limited to any contact information and other registration information for your Patient Profile, is truthful and accurate. You further agree to maintain the accuracy of your Patient Profile information and to inform SVS promptly of any changes to your Patient Profile information, including but not limited to any changes to your email address.
- You agree to accept responsibility for all activities that occur under your Patient Profile. You agree not to disclose your Patient Profile password to others, and you agree to notify SVS immediately of any unauthorized use of your Patient Profile. SVS is neither responsible nor liable for any loss or other injury that you may incur as a result of someone else using your Patient Profile or password, either with or without your knowledge.
- By creating a Patient Profile with SVS, you consent to receive communications from SVS electronically via the email address associated with your Patient Profile. Although you can opt not to receive promotional messages, SVS retains the right to send you informational email messages about your Patient Profile or administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. Sec. 7701 et seq.).
III. Privacy Information
IV. Intellectual Property Rights
- 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 SVS or its suppliers, licensors, partners, or affiliates and is protected by both United States and international copyright laws. All of the content on this Site is either the property of SVS or is used with the permission of its owner. The compilation of this Site is the exclusive property of SVS and is protected by both United States and international copyright laws. You agree that you will not take any actions inconsistent with SVS’s ownership of the Site and its content.
- The trademarks, logos, and service marks displayed on this Site are owned by SVS, its affiliates, and third parties, and this Site’s trade dress is owned by SVS or its affiliates. All trademarks not owned by SVS or their affiliates are the property of their respective owners, and, where used by SVS, 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. SVS or its affiliates’ trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or hidden text), without SVS’ prior written permission. You agree that you will not take any actions inconsistent with SVS’, its affiliates’, or any third party’s ownership of the trademarks and trade dress used on this Site.
- 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.
V. User Content and Activity
- From time to time, SVS may make available on this Site services, features, or sections that allow users to post or upload materials to the Site or SVS’ servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SVS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site or any associated services.
- You represent and warrant that: you own or otherwise control all the rights to any Content that you upload, transmit, or otherwise make available through the Site; use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not: (a) provide any Content that is unlawful (according to local, state, federal, or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material; (c) provide any Content that you do not have a right to provide under law or a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers to disguise the origin of any Content you provide. You agree that you will indemnify SVS or its affiliates for all claims resulting from or related to Content you post or submit.
- You hereby expressly grant to SVS a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium, or existing or later developed technology, without restriction and compensation of any kind to you, and you waive all moral rights in all such Content.
- SVS does not control the Content delivered via the Site by you or other users, and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will SVS be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Site.
- The opinions expressed in postings or other Content on this Site are not necessarily those of SVS or its content providers, advertisers, sponsors, affiliated, or related entities. SVS makes no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Site. SVS does not represent or guarantee the truthfulness, accuracy, or reliability of any Content or determine whether the Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
- SVS may not, and is not obligated to, regularly review, monitor, delete, or edit the Content of the Site as posted by users. However, SVS reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. SVS is not responsible or liable for damages of any kind arising from any Content or alteration or deletion of any Content, even if SVS was advised of the possibility of such damages.
- You acknowledge, consent, and agree that SVS may access, preserve, and disclose your Patient Profile information and any Content you submit if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, brand, image, property, or personal safety of SVS, its affiliates, its personnel, other users, and the public.
VI. Site Promotions and Transactions
- SVS is 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.
- Some items shown on this Site may vary in price, color, style, or material. The contract for the sale of goods between SVS and any customer is not entered into until SVS charges a valid credit card or otherwise accept payment.
- 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
- All items purchased from this Site are made under a shipment contract. This means that the risk of loss and title for such items pass to you upon SVS’ delivery to the carrier.
- SVS reserves the right to refuse to sell products to you if it reasonably appears to SVS that you intend to resell the products. Also, SVS reserves 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. SVS reserves the right to charge fees or extra shipping charges for any back-ordered product.
- From time to time, SVS 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.
VII. Links to Third-Party Sites
- From time to time, SVS may provide links to other internet Sites or resources via this Site, and other Sites may link to this Site. SVS has not reviewed the accuracy of the content of any linked third-party Site, and SVS makes no endorsement of any such linked third-party Site, either express or implied. You further acknowledge and agree that SVS 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. The use of such links is at your own risk.
VIII. Software Downloads
- 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 Denial 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.
IX. Disclaimer of Warranties; Indemnification; Resolution of Disputes
- SVS 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 SVS, and your available remedy in the event of any dispute apply equally to these affiliated companies and agents.
- THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY SVS ON AN “AS IS” AND “AS AVAILABLE” BASIS. SVS 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, AND EXCEPT AS EXPLICITLY PROVIDED WITH A PARTICULAR PRODUCT IN WRITING, SVS DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OF CONTENT, OR NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, SVS 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. SVS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY, OR ANY OTHER CONTENTS ON THIS SITE.
- BY USING THIS SVS 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. SVS DOES NOT WARRANT OR GUARANTEE THAT ITS SITE, SERVERS, OR EMAILS SENT BY OR ON BEHALF OF SVS ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. FURTHER, SVS DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED, AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND SVS, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
- SVS 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 SVS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SVS 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 SVS’S COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SVS, 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 TOTAL AMOUNT YOU PAID TO SVS.
- 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.
- You agree to indemnify, defend, and hold harmless SVS, 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.
- You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, or if you do not agree with any part of this Agreement, or if you have any other dispute or claim with or against SVS regarding 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.
- This Site is created and maintained by SVS in the State of Michigan. SVS makes 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.
- You agree that the laws of the State of Michigan, 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 SVS 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 SVS Site, whether at law or in equity, must be brought in the state or federal courts serving Macomb County, Michigan, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action relating 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.
- You acknowledge that any threatened or actual breach of this Agreement will cause SVS irreparable injury. You further agree that such injury would not be quantifiable in monetary damages, and SVS would not have an adequate remedy at law. As a result, you agree that SVS shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any actual or threatened breach of your obligations under any provision of this Agreement.
XI. Waiver and Severability
- Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law or court order, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
XII. Independent Party
- No joint venture, partnership, employment, or agency relationship exists between you and SVS as a result of this Agreement or your utilization of this Site.
XIII. Copyright Infringement Claims
- SVS respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act regarding such rights. SVS reserves the right to remove access to infringing material posted to its Site. Such actions do not affect or modify any other rights SVS may have under law or contract. If you believe that any portion of the material contained on this Site infringes your copyright, notify SVS of your claim under the following procedure. SVS will take appropriate action as required by the Digital Millennium Copyright Act, 17 U.S.C. sec. 512(c)(3).
Written Notification must be submitted to this Site’s Designated Agent:
SVS Vision, Inc.
Attn: General Counsel
118 Cass Avenue.
Mount Clemens, MI 48043
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, SVS 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 the jurisdiction of the Federal District Court for the judicial district in which the infringer’s address is located or, if outside of the United States, for any judicial district in which SVS 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, SVS 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 SVS’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on SVS’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.
XIV. General Information
- 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 SVS. 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. SVS’s failure to act regarding a breach of this Agreement by you or others does not constitute a waiver of its rights regarding 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 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.
- SVS reserves the right, in its 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 the 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.
- Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms and conditions, please contact SVS at:
SVS Vision, Inc.
Attn: General Counsel
118 Cass Avenue.
Mount Clemens, MI 48043