This Service Agreement ("Agreement") governs your use of the services of Optimized Eye Care P.C., and its authorized agents (including Visibly Inc.) (collectively "Visibly," "us" or "we"). By engaging our services, you agree that you have read, understand, and consent to this Agreement, thereby establishing a patient-provider relationship with the healthcare professional assigned to you by Optimized Eye Care, P.C.:
In order to qualify for Prescription Services, the following must be true:
- You are eighteen (18) to fifty-five (55) years of age.
- You meet our medical criteria and not have a history of diabetes, glaucoma, cataracts, retinal detachment, brain injuries, neurological issues; symptoms of acute eye pain; or flashes and floaters in your eyes.
- You are currently located in a State or territory where we provide services.
- You are able to follow text or audio instructions; stand and physically move forward or backward from your computer screen; and cover one eye while operating a web-enabled phone.
- Your refractive error (as described in Service Acceptance Section), if any, falls into the following categories:
- Myopic with spherical power between "-0.25 and -10.00"
- Hyperopic with spherical power between "+0.25 and +3.50"
- Astigmatic with cylinder power between Cyl "-0.25 and -3.00"
- Presbyopic with ADD power between "+0.25 and +4.00"
In addition to the above requirements, Visibly reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing additional notice.
Visibly provides healthcare services, including Prescription Services, through the use of the internet, mobile browser applications, and other interactive electronic communication technologies. Your Visibly healthcare professional will be licensed to practice in his/her specialty in the State or territory where you are located, but the professional will be performing all evaluations remotely through the use of these electronic technologies. In your State, Visibly's services may be considered telehealth or telemedicine.
Visibly reserves the right to deny services to anyone in its sole discretion, except as prohibited by law.
Under this Agreement, Visibly agrees to provide the following healthcare and related services ("Services"):
- Visibly will provide: (1) access to its technology for you to self-administer a visual acuity and color vision test through use of the internet, and (2) the results of your eye test(s).
- Unless you are determined to be ineligible, or fail to provide Visibly with a prior prescription or any requested relevant information, Visibly will provide a licensed healthcare professional qualified to practice medicine or ophthalmology in your state to evaluate the results of your tests, perform a refractive eye examination and/or screening, and issue a vision or ocular prescription, including a prescription for corrective eyewear, if clinically necessary (“Prescription Services”).
- Visibly may share your service status and vision and ocular prescription with a qualified optician or retailer that you have engaged to dispense glasses or contacts, or to a qualified optician or retailer that directed you to Visibly via a custom link.
- Visibly may verify your most recent vision and ocular prescription with the healthcare provider that issued it.
- Visibly may use your medical information to present special offers to you from 3rd party vendors.
- Visibly will provide educational and related information on eye health.
- Visibly will provide a non-comprehensive list of available resources for you to receive an eye health exam and obtain corrective eyewear.
- Visibly will only perform some diagnostic or vision test covering your eye health. Our vision test measures your refractive error.
- Visibly will not provide any services for medical emergencies or urgent situations. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
Your Responsibilities and Acknowledgements
- You agree that the Services will be used only for you, and that the identification information you have provided is accurate and truthful.
- You shall be responsible for providing accurate health, demographic, geographic and contact information.
- You agree to strictly follow all of the instructions provided by Visibly in your self-administration of the vision test.
- You understand that Visibly's Services DO NOT include a comprehensive eye health examination.
- You agree to visit an optometrist or ophthalmologist at least every two (2) years to get a comprehensive eye health examination.
- You agree to follow the recommendations of Visibly's licensed healthcare professionals, who may recommend more frequent visits.
- You agree to update your contact information within two (2) days of any change.
- You agree to pay or be responsible for payment of the cost of the Services in accordance with this Agreement and Visibly's policies, as it may be changed from time to time.
- You understand and agree that Visibly may use your de-identified health information to perform research to improve the accuracy and efficacy of our technology.
- If asked, you agree to provide your most recent glasses or contact lens prescription and the contact information of the healthcare provider that issued the prescriptions.
- If asked, you agree to retake the Visibly Online Vision Test again in part or in whole.
- You give Optimized Eye Care permission to contact your healthcare provider to verify your prior glasses or contacts prescription on your behalf.
Service Acceptance and Informed Consent
You have the legal right and ability to and agree to: (i) enter into this Agreement, (ii) use the Services for your personal benefit, and (iii) abide by the obligations in the Agreement. You acknowledge that you understand that Visibly's Services are provided through the use of electronic technology. You further acknowledge that you understand that the Visibly healthcare professional will NOT be in the same physical location as you at the time the Services are performed. Providing healthcare services through the use of electronic technology and the remote participation of healthcare professionals may be considered telehealth or telemedicine. Among others, the benefits of receiving healthcare services in this manner include improved access to healthcare professionals, convenience, and reduced cost.
As with any medical or health service and generally in very rare cases, there are potential risks associated with the use of services through the use of electronic technology, including but not limited to:
- The information transmitted may not be sufficient to allow the healthcare professional to make an appropriate clinical decision.
- Delays in transmission, evaluation or treatment due to equipment or connectivity failure.
- Lack of access to your full medical history and/or condition due to the remote location of the healthcare professional.
- Breach of privacy of personal information due to a failure of security systems or protocols.
Visibly's vision test, like an in-person eye refraction examination, is not perfect or absolute. You understand that while the Visibly vision test is designed to assess refractive error, which shall be limited specifically to near sighted/myopia, far sighted/hyperopia, astigmatism, presbyopia, emmetropia, or any combination of these, the vision test process is not perfect or absolute. As explained in greater detail on our website, www.Visibly.com ("Site"), there is a statistical possibility that a vision test may yield an inaccurate evaluation, which may result in the generation of uncomfortable or inaccurate corrective eyewear and the need for a patient to retake the refractive examination. An uncomfortable or inaccurate corrective eyewear prescription may cause eye strain, headaches, blurry vision, double vision, or overall general eye pain. You understand that if you experience any of the described adverse effects, you will immediately (a) remove the glasses or contacts causing this issue, (b) contact us at email@example.com, and (c) follow any recommendations we provide you for seeking additional care.
You acknowledge and agree that you are making an informed decision to use the Services, and have been given all necessary and relevant information to make that decision. By entering into this Agreement and/or accepting the Services, you agree that:
- You are a patient of Visibly and are entering into a patient-provider relationship with the healthcare professional assigned to you by Optimized Eye Care, P.C.
- You may expect the anticipated benefits from the use of Visibly's Services, but no results can be guaranteed or assured.
- You could receive similar services from a local healthcare provider, but you are choosing to receive these services from Visibly through the use of electronic technology and a remote healthcare professional.
- You are giving permission for Visibly to send your service status and vision and ocular prescription to a qualified healthcare provider or retailer with appropriate authorization.
- You are giving permission for Visibly to share your service status and vision and ocular prescription with a qualified healthcare provider or retailer that you have engaged to dispense glasses or contacts.
- You are giving permission for Visibly to share your service status and vision and ocular prescription with a 3rd party that you designate or to a qualified optician or retailer that directed you to Visibly via a custom link.
- You are giving permission for Visibly to send your contact information, service status and vision and ocular prescription to a qualified retailer with appropriate authorization as part of the Visibly Vision Benefits program.
- You are giving permission for Visibly to record voice and sound via your device for the purposes of providing the Visibly Online Vision Test. Your responses will be transcribed into text, which will be stored securely with the rest of your test data.
- You agree to receive email and text communications from Visibly based on your health information that may contain commercial advertisements or promotions for services or products from Visibly or a 3rd party with whom Visibly has a financial relationship and may benefit from your purchase of the service or product.
- You are giving permission (consent) to Visibly, and specifically Optimized Eye Care, P.C., to provide a refractive eye examination and/or screening, evaluate the results, and issue you a vision or ocular prescription, including a prescription for corrective eyewear, if clinically necessary.
- If you obtain a prescription for corrective eyewear, it is solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact us or a local optometrist or ophthalmologist if you have any questions regarding the prescription.
You agree to fully and carefully read all provided product information and labels and to contact us or a local optometrist or ophthalmologist if you have any questions regarding the prescription.
Privacy and Security
Electronic Health Record
Visibly maintains an Electronic Health Record ("EHR") system and creates a record for each patient as part of your online account ("Patient Chart"). Your Patient Chart is created to store your personally identifiable information, including your health conditions and other Personal Health Information ("PHI"). Information provided as part of the Visibly registration process or your communication with an Visibly representative may, if appropriate, be maintained in your Patient Chart and relied on by our healthcare professionals in providing our Services. You agree to provide accurate information, review the information in your Patient Chart, and to update such information, as needed.
Public Health Reporting
Visibly may be required by law to disclose certain health information to federal and/or state public health agencies to report, prevent, or control disease, injury or disability. Visibly may or may not provide you notice of our compliance with these legal requirements.
Payment of Fees and Cancellation Policy
Visibly will accept payment for Services in the following manner:
- From you.
- From other sources authorized by you to make a payment to Visibly on your behalf, including, but not limited to other healthcare professionals, retail eyewear providers, etc.
- From your health insurance plan ("Plan"), if Visibly has a contract or other arrangement with your plan. If Visibly does not have a contract or other arrangement with your Plan, you will be responsible for paying Visibly directly.
Visibly DOES NOT accept payment from Medicare, Medicaid, TriCare, or any other government sponsored health program.
Visibly accepts various forms of electronic payment in accordance with Visibly policies and this Agreement. Visibly currently accepts electronic payments made by credit or debit card, pre-paid cards such as gift cards or health-savings accounts.
Visibly is subject to complex laws and regulations that are constantly evolving and vary from state to state. Specific billing practices and service availability may be amended periodically to comply with changes in the law or guidance from Plans and regulatory authorities.
If you direct Visibly to accept payment for your Services from another eligible source, Visibly will accept payment in accordance with a separate agreement or understanding between Visibly and the eligible source. Visibly will not initiate Services until payment is received or arranged to be received from the eligible source.
If you choose to use your Plan for payment, Visibly will initially charge your credit, debit or other source for the cost of your Services and submit a claim to your Plan in accordance with your Plan's requirements. You agree to pay any necessary co-pays or deductibles as required by your Plan. Once Visibly receives payment from your Plan, Visibly will credit your card in the amount received. If your Plan denies coverage for any Services, Visibly will retain the amount initially charged to your card as payment in full.
You can cancel or change your request for services at any time prior to submitting your order for purchase of our Services. Once an order for Services has been submitted for purchase, you will be responsible for full payment of the Services, even if you do not receive a prescription.
All purchases must be completed, including full payment, and prescriptions issued within 30 days of starting the online vision test process. In order to complete the purchase you must make full payment, provide Visibly with a prior prescription or any requested relevant information, and have retaken the vision test if necessary as directed by Visibly.
If you fail to complete your purchase within the required 30 days and have paid for your vision test, you will be given an additional 30 days to complete your purchase and receive a prescription by retaking the vision test and providing all necessary information to Visibly. You will not be charged for this additional vision test.
All prescriptions must be issued within 30 days of starting the online vision test process. If requested, you must provide Visibly with a prior prescription and any requested relevant information within this time frame.
Within 30 days after completing your purchase, you must provide Visibly with a prior prescription or any requested relevant information or retake the vision test as directed by Visibly.
If you do not provide Visibly with the necessary information and/or retake your vision test within 60 days of completing your purchase, your purchase will be deemed abandoned and you will have to re-purchase and retake the vision test at your own expense to receive a prescription.
Visibly will not refund any payments for an abandoned purchase.
Visibly reserves the right to refund any purchase in its sole discretion.
These cancellation terms are applicable irrespective of the source of the payment for the Services.
Term and Termination
This Agreement shall commence on the date you acknowledge acceptance of this Agreement. Either you or Visibly may terminate this Agreement and your right to use Visibly at any time, with or without cause. This Agreement and any licenses granted to access the EHR shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Agreement. Visibly shall retain your Patient Chart in the EHR for a period of time as required by law.
Limitation of Liability: Indemnification
TO THE FULL EXTENT PERMITTED BY LAW AND EXCLUDING THE ACCURACY OF THE VISION TEST AND ACCURACY OF OPHTHALMIC GOODS AND SERVICES DISPENSED BY ANOTHER SELLER: (a) IN NO EVENT WILL Visibly BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, EVEN IF Visibly HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) IN ANY EVENT, Visibly'S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, FOR ALL CLAIMS OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY CLAIM RELATED TO THE SERVICES PERFORMED BY Visibly HEREUNDER OR YOUR USE THEREOF), WILL NOT EXCEED THE AMOUNT YOU HAVE PAID TO Visibly DURING THE ANNUAL PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.
To the extent permitted by law and excluding the accuracy of the vision test and accuracy of ophthalmic goods and services dispensed by another seller, you agree to release, indemnify and hold Visibly and its shareholders, excluding any physicians practicing telemedicine through Optimized Eye Care, claims, expenses arising from injury or personal damage that occurs in connection with your misuse of the Site, your choice of payment method, or your receipt of notices or information at your contact address.
You agree that this Agreement is governed by the laws of the State of Illinois, without regard to choice of law rules. Any dispute arising out of or relating to this Agreement, including the determination of the scope or applicability of this clause, shall be settled by binding arbitration administered by JAMS (www.jamsadr.com) in accordance with its Streamlined Arbitration Rules and Procedures. The arbitration shall be heard by a single arbitrator, and shall be conducted in Cook County, Illinois. Each party shall bear his, her, or its own costs relating to such arbitration, and the parties shall equally share the arbitrator's fees. Judgment on any award resulting from such arbitration may be entered in any court having jurisdiction. If this arbitration provision is deemed invalid, the parties agree that the court of proper and exclusive jurisdiction to resolve any action arising out of this agreement shall be a state or federal court located in Cook County, Illinois.EACH PARTY TO THIS AGREEMENT HEREBY WAIVES ANY RIGHT HE, SHE, OR IT MAY HAVE TO PARTICIPATE IN ANY CLASS ACTIONS OR CLASS ARBITRATIONS.
Visibly will generally communicate with you using the email address or telephone number you provided to Visibly. In some circumstances, we may communicate with you using the mailing address you provided to Visibly. You may contact Visibly on all matters relating to your order or services provided by us by using the following resources:
Optimized Eye Care P.C.
833 W. Jackson Boulevard, Suite 700
Chicago, IL 60607
For Customer Service inquiries, contact our Vice President of Operations at (773) 309-1281.
For our Compliance/Ethics Hotline, contact our Vice President of Compliance at (773) 309-1281.
This Agreement may be amended at anytime by Visibly upon providing you notice prior to the effective date of the amendment. If you do not agree with the terms of any such amendment, you may terminate the Agreement as provided in the Termination Section.
This Agreement and any related emails or other written documents from Visibly that specifically address the Services shall constitute the complete agreement between Visibly, Inc., Optimized Eye Care, PC, and you with regard to the Services, and shall supersede all prior and contemporaneous agreements, proposals, representations, warranties, or promises, whether written or oral, relating to the Service. In the event of conflict between this Agreement and any other written document, this Agreement shall control, unless the written document specifically states otherwise.
Visibly may subcontract some or all of its obligations under this Agreement, without providing any prior notice to you.
If any provision of this Agreement is, for any reason, deemed unenforceable or in violation of law, such unenforceability or violation will not affect the remaining provisions of this Agreement, which will continue in full force and effect and be binding upon the parties hereto.