Terms of Service

Effective November 6, 2018

Welcome to the website of Care Access LLC, a California limited liability company, dba Dry Eye Access, which together with its affiliates (“Dry Eye Access”, “we”, “our” or “us”) provides you access and use of this website subject to your compliance with these Terms of Service. These Terms of Service together with our Privacy Policy provided to you on the website (collectively, this “Agreement”) govern your use of this website and the online services to which you are granted access under this Agreement, including but not limited to programs, components, internet-based services, content, technology, tools, and updates (collectively, the “Services”). This Agreement constitutes a legal agreement between you (“you” or “your”) and Dry Eye Access. By checking the “I AGREE TO THE TERMS OF SERVICE” statement and/or accessing or using the Services, you indicate that you understand and agree to the terms of this Agreement, including any changes to this Agreement that Dry Eye Access may make in the future, which shall govern your use of this website for which you are registering and any servers, computers, or networks used to provide this website as part of the Services. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT CHECK THE “I AGREE TO THE TERMS OF SERVICE” STATEMENT AND YOU ARE NOT GRANTED ANY RIGHT TO ACCESS OR USE ANY PART OF THE SERVICES.

UNITED STATES USAGE. This website is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this website. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

LICENSE GRANT AND RESTRICTIONS. Subject to the terms of this Agreement and any applicable payments, Dry Eye Access grants you a personal, limited, nonexclusive, nontransferable license, during the term of your subscription, to access and use the Services solely for the purposes described on this website, and, if applicable, solely by such number of authorized users for which the applicable membership subscription fee has been paid by you. You are at all times solely responsible for the compliance by your employees and contractors (“Representatives”) with the terms of this Agreement.

3.1. Except as permitted by applicable law, you must not, nor may you allow any Representatives or other person to, do any of the following: (i) license, sublicense, copy, assign, lease, loan, sell, resell, republish, upload, post, transfer, distribute or commercially exploit to any third party the Services; (ii) modify or create derivative works based on the Services or its content, in whole or in part; (iii) access or attempt to access any other Dry Eye Access systems, programs, features or data that are not made available in the Services or for public use; (iv) decompile, disassemble, or reverse engineer the Services; (v) interfere with the proper working of the Services, prevent access to or the use of the Services by other licensees or customers, or impose an unreasonable or disproportionately large load on Dry Eye Access infrastructure; or (vi) use the Services except as expressly allowed under this Agreement. By using the Services, you warrant to us that you will not use the Services, including its content, for any purpose that is unlawful or prohibited by this Agreement. If you violate any terms of this Agreement, your permission to use the Services automatically terminates.

OWNERSHIP The Services are licensed, not sold, and we reserve all rights not expressly granted to you in this Agreement. The Services are protected by copyright, trade secret and other intellectual property laws. Dry Eye Access and its licensors, where applicable, own all right, title and interest in and to the Services (and all intellectual property rights therein), including but not limited to its technology, content, derivatives, and modifications of the Services by whomever made. We do not grant any license or other authorization to any user of its branding, trademarks, service marks, or other copyrightable material or other intellectual property. Nothing in this Agreement transfers to you or any Representative any right or interest of Dry Eye Access.

REGISTRATION, FEES AND PASSWORDS.

5.1 Registration. To access and use the Services, you first need to create an account (“Member Account”). To create your Member Account, you must provide the name of your practice, its physical address, telephone number, your name and email address (collectively, the “Registration Data”). To use the Services your Registration Data must be accurate, current and complete. You agree to update the Registration Data to keep it current and maintain a valid email address at all times. If you provide any Registration Data that is not accurate, current or complete, and do not promptly update your Registration Data, or we have reasonable grounds to suspect it is not accurate, current or complete, we may, in our sole discretion, suspend or terminate your account and refuse any current or future access and use of the Services or portion thereof.

5.2 Fees. The following applies to all payments to us including subscriptions fees. Payments must be paid in U.S. dollars via PayPal unless otherwise indicated in the ordering and pricing terms provided to you on the website and/or in the terms for the Services you have selected. The Services you pay for will be deemed accepted by you upon acceptance of this Agreement and payment of the applicable fees and/or subscription fees for the Services.

5.3 Subscription Term and Termination. The term of your subscription is one year from the date of your subscription payment and automatically renews each year on the Billing Date (which is noted in your Member Account) until the Billing Date next following the date you terminate your subscription. To terminate your subscription, you must either (1) access your Member Account and click “Cancel” or (2) access your PayPal account and cancel payment of your subscription or (3) send us an email at support@dryeyeaccess.com and indicate your desire to terminate your subscription. All fees are non-refundable.

5.4 Passwords. You must maintain the confidentiality of your username and password. You are solely responsible for all use of your Member Account by you or any Representative. You agree to notify us immediately of any suspected unauthorized use of your Member Account. Dry Eye Access will not be liable for your losses caused by any unauthorized use of your Member Account.

CONSENT TO CONDUCT BUSINESS ELECTRONICALLY (“CONSENT”).

6.1 Consent to Electronic Communications. We may be required by law to send “Communications” to you that pertain to the Services, the use of information you may submit to us, and the Services you choose. You agree that we may send Communications to you by email and/or may make Communications available to you by posting them on this website. You consent to receive these Communications electronically. The term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services.

6.2 Consenting to Do Business Electronically. The decision whether to do business electronically is yours. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Services for as long as you remain a subscriber to or use the Services. If you later decide that you do not want to receive future Communications electronically, email us at support@DryEyeAccess.com. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Services. We do not provide ISP services. You are responsible at your expense for access to the internet and this website and any necessary hardware and software and obtaining your own Internet service provider (which may be a wireless carrier).
MODIFICATION OF THIS AGREEMENT. We may change these Terms of Service in our sole discretion from time to time, and only we have the right to do so. If any terms hereof are changed, we will post them and note the date they were last updated. Any changes or modifications will be effective upon posting the Terms of Service as revised, and your continued use of the Services after the posting of any such changes or modifications shall constitute your acceptance of the new Terms of Service.
TERMINATION. Dry Eye Access, in its sole discretion, may terminate or suspend your rights under this Agreement immediately and without notice if Dry Eye Access suspects or has reason to believe that you or your Representatives fail to comply with any terms of this Agreement or any rules or policies posted on this Website, or you no longer consent to receive electronic Communications. Upon any termination, you agree to immediately cease all use of the Services including but not limited to any content or materials that belong to Dry Eye Access, and the terms of this Agreement shall still apply after termination, except for the term of paragraph 3. The provisions of this Section, in addition to any provisions which by their nature are intended to survive termination, including the terms of paragraphs shall survive the termination of this Agreement.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF DRYEYEACCESS, ITS AFFILIATES AND SUPPLIERS, AND YOUR EXCLUSIVE REMEDY FOR ALL MATTERS OR CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT PAID BY AND/OR DUE FROM YOU.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRY EYE ACCESS, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO TELECOMMUNICATION FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS FAILURES, DELAYS OR LIMITATIONS, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET DRY EYE ACCESS SYSTEMS REQUIREMENTS, IN EACH CASE ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DRY EYE ACCESS, ITS AFFILIATES AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DRY EYE ACCESS AND YOU. DRY EYE ACCESS WOULD NOT HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
GENERAL TERMS AND CONDITIONS.

10.1. Governing Law; Dispute Resolution. You agree that internal laws of the State of California law will govern this Agreement, notwithstanding laws, rules, regulations and case law that would result in the application of the laws of another jurisdiction. Any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in the County of Orange, California. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.

10.2 Our Relationship. This Agreement does not create any relationship of principal and agent, partners, joint venturers, employer and employee, fiduciary or similar relationship between the parties.

10.3 Assignment. Dry Eye Access may freely assign or transfer any or all of its rights and obligations described under this Agreement without your consent and without notice to you. You may not assign this Agreement or any of your rights and duties hereunder without the prior written consent of Dry Eye Access. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

10.4 Severability; No Waiver. If any provision of this Agreement, or any portion thereof, is found to be unenforceable or invalid for any reason, such provision shall be severable and shall not impair the enforceability of any other provision of this Agreement. The failure of a party to enforce at any time or for any period of time, any term or condition of this Agreement shall not be construed as a waiver of the same or the right thereafter to enforce such term or condition.

10.5 Legal Equivalence. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (A) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (B) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (C) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

10.6 Waivers. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

10.7 Children. This website is designed for and intended for use by adults. If you are under 18, you may use this website only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this website by children, minors and others under your care. You agree to be responsible for their use of this website.

10.8 Third-Party Links. Dry Eye Access makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from this website, or third-party websites linking to this website.

10.9 Entire Agreement. This Agreement, together with the terms of our Privacy Policy, which are incorporated herein by this reference, constitutes the entire Agreement between the parties relating to the subject hereof and thereof and supersedes all prior and contemporaneous agreements, promises, representations, understandings and negotiations, whether written or oral, among the parties with respect to such subject matter.
DISCLAIMERS.

THIS WEBSITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DRYEYEACCESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS WEBSITE.YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE SERVICES.

The information on this site is not intended or implied to be a substitute for professional medical advice, diagnosis and/or medical treatment of a qualified physician or healthcare provider. All content, including text, graphics, images and information, contained on or available through this website is for general information purposes only.This website is geared toward providing information to industry professionals—NOT CONSUMERS—regarding Dry Eye Disease and ranges of products, and diagnostic and treatment options, available to and/or used by members accessing this website. The information contained on this website is compiled from a variety of sources and is not considered complete. The information accessed through this website is provided “AS IS” and without any warranties, whether expressed or implied.

DRY EYE ACCESS AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING MEDICAL OR OTHER PROFESSIONAL SERVICE. IF SUCH ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. DRY EYE ACCESS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
CONTACT US. If you are experiencing difficulties using this website, or for any inquiry or issue not specifically addressed above, please contact us: email us at support@dryeyeaccess.com or write to us at Dry Eye Access 14988 Sand Canyon Avenue, Studio 5, Irvine, CA 92618.