TERMS OF USE

Welcome to the eVision, Inc. ("eVision") website. The following Terms of Use govern your use of this website. If you visit or shop at eVision.com, you accept these conditions, so please read them carefully.

PRIVACY

Please review our Privacy Policy , which also governs your visit to eVision.com, to understand our privacy-related practices.

NO PROFESSIONAL ADVICE

Any information supplied through this website or by any of our employees or agents, whether by telephone, email, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Health-related information provided through this website is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you visit eVision.com or send emails to us, you are communicating with us electronically and are consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY

Unless otherwise noted, all information, account information, articles, data, images, passwords, Customer Numbers, screens, text, user names, web pages or other materials (collectively, the "Content") appearing on the website are the exclusive property of eVision or its subsidiaries:

A. All information, products, services, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and other Content contained on or used in the website is protected by United States and international copyright laws. All rights reserved. Please assume that everything you see or read on the website is copyrighted to, or used with permission by, eVision unless otherwise noted.
B. The trademarks, logos, service marks and trade dress (collectively, the "Trademarks") displayed on the website are registered and unregistered Trademarks of eVision or others. The Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits eVision. All other trademarks not owned by eVision or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by eVision or its subsidiaries.
C. Images of people, objects or places displayed on the website are either the property of, or used with permission by, eVision.
D. We own or use by permission all software contained on the website, including without limitation all HTML code. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution or reproduction of the software, and such actions could result in severe civil and criminal penalties. We will seek and support prosecuting violators to the maximum extent possible.
E. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work or otherwise use the Content of the website for public or commercial purposes. Nothing on this website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication or otherwise.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations We also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.

LICENSE, WEBSITE ACCESS AND PROHIBITED USES GENERALLY

We grant you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include the use of the website to do any of the following, including but not limited to:

A. Resell or commercially use this website or its contents;
B. Collect and use of any product listings, descriptions or prices;
C. Download or copy any account information for the benefit of another merchant or other person or entity;
D. Use any false or inaccurate information for purposes of establishing an account with us;
E. Delete or revise any material or other information of ours or any other user;
F. Harvest or otherwise collect information about others, including email addresses, without their consent;
G. Take any action that imposes an unreasonable or disproportionately large load on the website's infrastructure;
H. Use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on this website;
I. Use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the website other than (i) the search engine and search agents available from eVision and (ii) generally available third party web browsers
J. Allow any other person or entity to use your Customer Number or other identifying information for posting or viewing comments or sending or receiving materials;
K. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; or
L. Download, copy or otherwise collect any information related to eye care practitioners.

You further agree not to violate or attempt to violate the security of the website, including, without limitation, actions such as:

A. Accessing data not intended for you or logging into a server or account that you are not authorized to access;
B. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
C. Attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing" or "crashing" the website;
D. Sending unsolicited email, including promotions and/or advertising of products or services; or
E. Forging any TCP/IP packet header or any part of the header information in any email or posting.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of eVision without express written consent. You may not use any meta tags or any other "hidden text" utilizing eVision's name or Trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of eVision so long as the link does not portray eVision or our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any eVision logo or other proprietary graphic or trademark as part of the link without our express written permission.

YOUR ACCOUNT

If you use this website, you are responsible for maintaining the confidentiality of your account, Customer Number and other related login and account information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your Customer Number or account or any other breach of security. In consideration of your use of this website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the forms for your account, prescription and order information (the "Account Information") and (b) maintain and promptly update the Account 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 may suspend or terminate your account and refuse any and all current and future use of this website. Account Information and certain other information about you are also subject to our Privacy Policy. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

We welcome your comments regarding our products, services and website. You may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant eVision a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant eVision and any of our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify eVision for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, please notify us and provide the following information:

A. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
B. Identification of the URL or other specific location on the website where the material that you claim is infringing is located;
C. Your name, address, telephone number and email address;
D. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
E. A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is either the owner, or is authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed; and
F. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

Our agent for notice claims of copyright infringement on the website can be reached as follows:

Legal Department
eVision, Inc.
300 N.E. Multnomah Street
Suite B
Portland , Oregon 97232
email: legal@evision.com

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible in describing offered products. However, we do not warrant that product descriptions or other content of this website are accurate, complete, reliable, current or error-free. If a product we offer is not as described, your sole remedy is to return it in unused condition.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations-including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from this website to either a foreign national or a foreign destination in violation of such laws.

OUR RIGHTS

We may elect to electronically monitor areas of this website and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the website; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the website. We may terminate your access, or suspend your access to all or part of the website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.

LINKS TO THIRD PARTY WEBSITES

Occasionally, we may make available a link to a third party's website. These links will let you leave this website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third party linked website or its use or contents.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE IS PROVIDED BY EVISION ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVISION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVISION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVISION DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM EVISION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVISION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

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 LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting this website, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between us.

DISPUTES

Any dispute relating in any way to your visit to this website or to products you purchase through us shall be submitted to confidential arbitration in Salt Lake City, Utah, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

WEBSITE POLICIES AND MODIFICATION

Please review our other policies, such as our Privacy Policy, posted on this website. We reserve the right to make changes to our website, policies and these Terms of Use at any time.

GENERAL INFORMATION

These Terms of Use constitute the entire agreement and govern the use of the website. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.