TERMS OF USE

COOPER EYE CARE TERMS OF USE

Effective Date:  12/7/2021

IMPORTANT:  Thank you for visiting the coopereyecare.com site (“the “Site”), provided to you by TeamVision including Luxottica of America Inc., and all direct and indirect subsidiaries (“TeamVision”, “We” or “Us”). This is a legal agreement between you (“You” and TeamVision.  You should read carefully the following Terms of Use “TOU” as they govern Your use of the Site.  This document sets forth the terms and conditions that apply to Your use of the Site.

These TOU are subject to change without prior written notice at any time, in TeamVision’s sole discretion.  Notice of any material change will be posted on this page with an updated Effective Date.  All changes are effective immediately upon posting by Us and such changes shall apply to all access to and use of the Site thereafter.  By using the Site, You agree to be bound by and accept the TOU in effect at the time of such use.  Your use of the Site is expressly conditioned upon Your agreement to these TOU, as well as Our Privacy Policy, Appointment Policy, and any additional policies on the Site (“Additional Policies”).  If You do not accept the TOU, then You should stop using the Site immediately.  

1. THE SITE.  The Site provides informational content regarding eye care and allows You to schedule eye appointments.  The Site also provides links for You to order contact lenses through a third party provider.  

The content contained in this Site is provided 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. 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 own professional healthcare provider. You should never disregard medical advice or delay in seeking it because of something You have read on this site.

2. ELIGIBILITY.  By accessing or using the Site, You represent that You are at least eighteen (18) years old.  If You are not of such age, please consult with Your parent or guardian with respect to this TOU, because persons under such age are authorized to use the Site only if a parent or guardian accepts this TOU on their behalf.  In addition, You agree to abide by all applicable laws and regulations governing Your use of the Site.  Furthermore, You acknowledge and agree that the Site is directed at users in the U.S. only.  
3. CODE OF CONDUCT.  When You use the Site, You acknowledge and agree that:

• You will abide by these TOU.
• You are solely responsible for Your conduct on the Site.
• You are solely responsible for Your interaction with anyone on the Site, including other users, whether online or offline.  You agree that TeamVision is not responsible or liable for the conduct of any user.  TeamVision reserves the right, but has no obligation, to monitor or become involved in disputes between You and other users.
• You are solely responsible for obtaining and maintaining all telephone, computer hardware, software, accessories and other equipment needed for You to access and to use the Site.
• You will treat others with respect both on and off the Site (including when communicating with any TeamVision representatives or other employees).
• You will not misrepresent Your identity, age, employment history, qualifications, or any affiliations with a person or entity.
• You will not use the Site for any harmful, illegal, nefarious, or untoward purpose.  
• You will not use or attempt to use any cheats, bots, automation software, hacks, or any third party software designed to interfere with the Site.
• You will not solicit money or any other items of value from another user through the Site or use TeamVision in relation to any fraud, pyramid scheme, or other activities. 
• You will not defame, stalk, bully, spam, abuse, harass, threaten, impersonate, or intimidate anyone on the Site, and You must not post or otherwise use information obtained via the Site that may lead to violations of data privacy laws, or other harmful violations of personal identity or privacy, including, without limitation, Your or any other person’s credit card information, non-public phone numbers, or non-public e-mail addresses.  
• You will not cause harm to minors in any manner whatsoever.
• You will not impersonate any person or entity; falsely claim an affiliation with any person or entity; misrepresent the source, identity, or content of information transmitted via the Site; or perform any other similar fraudulent activity.  
• You will not interfere or disrupt the Site or its servers or networks connected to the Site including by transmitting any worms, viruses, spyware, malware, malicious code, or any other code of a destructive or disruptive nature.  You may not inject content or code or otherwise alter or interfere with how any TeamVision page is rendered or displayed in a browser or on a device.
• You will not crawl, scrape, cache, or otherwise access any content or information on the Site via automated means.
• You shall not access the Site through any unauthorized means, including but not limited to using an automated device, script, bot, spider, crawler, or scraper.  Should You use any automatic, macro, program, or similar method, or otherwise commit fraud with regard to the Site, TeamVision reserves the right to pursue legal action against You.  
• You will not reproduce, perform, display, distribute, copy, reverse engineer, decompile, disassemble, or prepare derivative works from any software used to implement the Site that belongs to another user or someone else.  

We reserve the right to refuse access to the Site to anyone for any reason at any time, at Our sole discretion. 

4. LICENSE GRANT.  The Site is operated by TeamVision.  By using the Site, You agree that all content, trademarks, and other proprietary materials and/or information on the Site, including without limitation, marks and logos are owned or licensed by TeamVision.  Visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, video, graphics, music, information, data, sound files, other files, and the selection and arrangement thereof and all other materials (collectively, the “TeamVision Content”) are protected by copyright, trademark, patent, trade secret, and other laws, and, as between You and TeamVision (and/or third-party licensors), TeamVision owns and retains all rights, title, and interest in the TeamVision Content and the Site.  

All trademarks, logos, and service marks (collectively, the “TeamVision Marks”) are the exclusive property of TeamVision (and/or third party licensors) or other third parties.  Nothing in these TOU grants You a license to use any of the TeamVision Marks or any of the trade names, trademarks, service marks, logos, domain names, or other distinctive brand features owned or licensed by TeamVision.  

TeamVision hereby grants to You a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and to use the Site solely for Your personal use, which does not include activities related to any commercial, entrepreneurial or professional activity, provided that You comply with the terms and conditions of this TOU and agree that You do not acquire any ownership rights in or to the Site and/or the TeamVision Content or any TeamVision Marks by accessing or otherwise using the Site.  The license granted to You herein may be terminated by TeamVision at any time, in its sole discretion.  All rights not expressly granted in this TOU are hereby expressly reserved by TeamVision.  

Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Site in any manner not expressly permitted herein.

5. PRIVACY POLICY.  By using this Site, You consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into this Agreement. A copy of the Privacy Policy can be accessed here. Information regarding our practices with regard to any health information You provide to Us is included in our HIPAA notice.
6. AVAILABILITY AND CONTINUITY OF THE SITE.  You acknowledge and accept that TeamVision reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or eliminate the Site, and/or (ii) disable any access to the Site.  
7. LINKS TO OTHER SITES.  The Site may facilitate access to other sites or online social media networks or pages for Your convenience and for You to make purchases of products such as contact lenses.  These sites, networks, or pages have not necessarily been reviewed by TeamVision and are maintained by third parties over which TeamVision exercises no control.  Accordingly, TeamVision expressly disclaims any responsibility for the content, the materials, the accuracy of the information, the policies, and/or the quality of the products or services provided by, available through, or advertised on these third party sites.  Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.  
8. WARRANTY DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN OUR WARRANTY POLICY, TEAMVISION AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, LICENSEES (THE “TEAMVISION PARTIES”), AND HEALTH CARE PROVIDERS PRACTICING AT COOPER EYE CARE AND COOPER + PANARIELLO EYE INSTITUTE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SITE OR ANY SERVICES OR GOODS PURCHASED BY YOU THROUGH THE SITE FOR ANY PURPOSE AND EXPRESSLY DISCLAIMS ANY EXPRESS WARRANTIES INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW.

THE TEAMVISION PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE SITE WILL MEET YOUR REQUIREMENTS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (E) YOUR INFORMATION CREATED THROUGH THE SITE, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST; OR (F) ANY ERRORS WILL BE CORRECTED.  

THE TEAMVISION PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM THE SITE.  

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE TEAMVISION PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.  NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF TEAMVISION FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TEAMVISION IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
10. INDEMNITY. By using this application, You agree to defend, indemnify and hold harmless the TeamVision Parties against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from: (i) Your use of and access to the Site; (ii) Your breach of any of these TOU; (iii) Your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights; and (iv) Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation by You.  This indemnity shall survive the duration of Your use of the Site.
11. ENFORCEMENT. You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to TeamVision, such injury would not be quantifiable in monetary damages, and TeamVision would not have an adequate remedy at law. You therefore agree that TeamVision 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 breach, threatened or actual, of Your obligations under any provision of this TOU.
12. TERM AND TERMINATION. This TOU will take effect at the time You begin using the Website. This TOU will terminate automatically if You fail to comply with its terms and conditions. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing all use of the Site. Sections 9 (License Grant); 6 (Availability and Continuity of Service); 7(Links to Other Sites); 8 (Warranty, Disclaimer); 9 (Limitation of Liability); 10 (Indemnity); 11 (Enforcement); 12 (Terms and Termination); 13 (Waiver and Severability); 14 (Jurisdiction/Applicable Law); 17 (Entire Agreement); and 19 (Headings) will survive the termination of this TOU for any reason.
13. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.  Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these TOU will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.
14. JURISDICTION AND APPLICABLE LAW. This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflict of laws provisions. The parties agree to submit to the personal jurisdiction and venue of the state and federal courts of the State of Ohio within Hamilton County.
15. INDEPENDENT PARTY. You are an independent party. No joint venture, partnership, employment, or agency relationship exists between You and TeamVision as a result of this TOU or Your utilization of the Site.
16. ADDITIONAL TERMS.  Additional terms and conditions may apply to specific features or Your use of certain portions of the Site.  These additional terms also are legally binding.  
17. ENTIRE AGREEMENT. This TOU, the Additional Policies and any other agreement or terms or conditions for services, information, or licenses available through the Site, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and TeamVision with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and TeamVision with respect to the Site.
18. NO ASSIGNMENTS. TeamVision may assign this TOU, in whole or in part, at any time with or without notice to You.  You may not assign or transfer any rights under this TOU without the prior written consent of TeamVision.
19. HEADINGS. Headings are for convenience only.
20. CONTACT US.  If You have any questions or concerns, please contact Us at Cooper Eye Care – CooperEyeCareManhattan@teamvisionteam.com or (212) 758-0772 or Cooper + Panariello Eye Institute – CooperPanarielloEyeInstituteBK@teamvisionteam.com or (718) 265-2020.