Terms and Conditions

Why another terms and conditions? The CSIDryEye platform is a HIPAA and PIPEDA compliant software used to design the patient management portion of the platform (you’ve already agreed to that.) The Clarity Laser Vision OD Co-management Portal is a separate educational entity owned by Clarity Laser Vision that requires its own agreement.

Clarity Laser Vision  OD Co-management Portal

TERMS AND CONDITIONS

Last Updated April 18, 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

The following Terms and Conditions govern and apply to your use of or reliance upon this website (the Website) maintained by Clarity Laser Vision (the “Company”).

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, pertinent statutes and/or regulations. The Company may, at its sole discretion, revise these Terms and Conditions at any time without notice. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions, once posted to the Website.

Parties agree that the Clarity Laser Vision OD Co-management Portal (the “Service”) is for educational purposes and must not be construed as medical advice. The final diagnosis and treatment decisions are the responsibility of the user of this Service and/or the eye care professional.

OVERVIEW

The Clarity Laser Vision OD Co-management Portal constitutes online training, online resources and/or other digital content related to supporting the user in their co-management of refractive surgery patients.

  1. AGE RESTRICTION

You must be at least eighteen (18) years of age to use this Website or any services contained herein. Access or use of this Website affirm that you are at least eighteen (18) years of age. The Company assume no responsibility or liability for any misrepresentation of user age.

  1. INTELLECTUAL PROPERTY

All intellectual property on the Website (except for User Generated Content, as defined below) is owned by the Company and/or its licensors, which includes, but are not limited to, materials protected by copyright, trademark, or patent laws. All trademarks, service marks and/or trade names are owned, registered and/or licensed by the Company. All content on the Website, excepting User Generated Content as defined below, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is proprietary and, as such, is owned by the Company; All rights reserved. You may not modify, publish, or share materials with others, share your access credentials with others, post excerpts of material on any social media, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. The Company reserves the right to immediately remove you from the Service, if you are caught violating this policies herein.

  1. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, and/or information developed by the Company, and other materials which may assist in the use of the Website or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to users of the Website.

  1. COMMUNITY SERVICE

As a feature of the Service, the Clarity Laser Vision OD Co-management Portal may provide access to a community and/or social media platform in conjunction with the Service. Clarity Laser Vision is not required to provide a community and/or social media platform, and has complete discretion with respect to this access, and the nature of the interaction, dependent on the Service.

  1. ACCOUNT AND ACCOUNT USE

Your use of the Website requires an account (the “Account”) identifying the user (the “User”) of the Website. The following conditions apply to the account use:

  • a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your expressed consent;
  • b) you agree to immediately notify the Company of any unauthorized use of your Account, any service provided through your Account, any password related to your Account, any other breach of security with respect to your Account, or any service provided through it. You agree to provide assistance to us, as requested, to stop or otherwise remedy any breach of security related to your Account, and
  • c) you agree to provide true, current, accurate and complete customer information as requested by the Company from time to time and you agree to promptly notify the Company of any material changes to this information as required, to keep such information held by the Company, accurate and complete.
  1. PAYMENT

When you are accepted as a Clarity Laser Vision affiliate, no payment is required. This is a value added service to support our community co-managing doctors.

  1. DURATION OF AGREEMENT

Once confirmed, the Company will provide you access to the Service.  Access to the Services requires you to provide identifiers, such as your name, email address, and other identifying information. You agree not to distribute your password and understand that doing so may result in termination of your access to the platform without notice.

  1. ACCEPTABLE USE

You agree not to use the Website or any related community platform for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Clarity Laser Vision.

  1. COMANAGING PATIENTS

By accepting these terms and conditions, you are entering into a standing agreement to co-manage mutual patients. In accepting this agreement, you agree to attend to the patient after surgery and/or when they are released into your care. You agree to notify Clarity Laser Vision immediately should complications arise and to provide written progress reports during your portion of the post-operative period.

You further agree not to use and/or access the Website:

  • a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  • b) To violate any intellectual property rights of the Company or any third party;
  • c) To upload or otherwise disseminate any computer viruses and/or other software that may damage the property of another;
  • d) To perpetrate any fraud;
  • e) To engage in or create any unlawful gambling, sweepstakes, or pyramid schemes;
  • f) To publish or distribute any obscene, objectionable and/or defamatory material;
  • g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
  • h) To unlawfully gather information about others.
  1. REFUSAL OF SERVICE

The Company reserves the right to refuse service to any order, person or entity, without the obligation to assign any reason for doing so. We may at any time change or discontinue any aspect or feature of the Site or Service.

The Company reserves the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.

  1. PROTECTION OF PRIVACY

Through your use of the Website, you may provide the Company with certain information. By using the Website, you authorize the Company to use your information in Canada and any other country where the Company may operate. The portion of the platform that involves patient care and information is built to be HIPAA and PIPEDA compliant.

Upon registration of a user account, the user must provide the Company with a valid email address and may provide the Company with additional identifying information, such as the Users name and practice contact information. Depending on how the Website is used, the Company may also receive information from external applications used to access our Website, or the Company may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

The Company use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that the Company will still receive information about you that you have provided, such as your email address.

If you choose to terminate your account, the Company will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted

  1. ASSUMPTION OF RISK

The Website is provided for educational and communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be medical advice, and no fiduciary relationship has been created between you and Clarity Laser Vision. The Company does not assume responsibility or liability for any advice or other information given on the Website.

  1. REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

  • a) Reverse engineering, or attempting to reverse engineer or disassemble any code or software from or on the Website;
  • b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
  1. DATA LOSS

The Company is not responsible for the security of your Account or Content. Your use of the Website is at your own risk.

  1. INDEMNIFICATION

You indemnify Clarity Laser Vision and any of its affiliates against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to use or misuse of the Website, the breach of these Terms and Conditions, and/or your conduct or actions. You shall indemnify the Company and its affiliates from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s feels arising out of any breach by you or your agents of any of these Terms and Conditions, or any use by you of the Site or Service. The Company will select its own legal counsel and may participate in its own defense, if the Company wishes to do so.

  1. SPAM POLICY

Users are strictly prohibited from using the Website or any of the Company’s services for illegal spam activities, including gathering email addresses and/or personal information from others or sending any mass commercial emails.

  1. THIRD-PARTY LINKS & CONTENT

The Company may occasionally post links to third party websites or other services. The Company is not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website. Links to such websites or resources do not imply any endorsement by or affiliation with Clarity Laser Vision.

  1. VARIATION

To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions may be considered enforceable and valid to the fullest extent.

  1. SERVICE INTERRUPTIONS

Service interruptions to the Website may occur in order to perform maintenance or emergency services on either a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, and further indemnify  the Company from liability and/or any damage for loss caused as a result of such downtime.

  1. TERMINATION OF ACCOUNT

We may, at our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including operation or efficiency of the Website, or any third party’s equipment or network is impaired by your use of the Website, we have received a third party complaint which relates to your use or misuse of the Website , or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

If for any reason, Clarity Laser Vision should dissolve or cease to exist, then your access to the Service terminates.

  1. NO WARRANTIES

Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. The Company disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and the Company is not liable for any such damage or loss.

Information provided on the Website and in the Service related to technologies and other information are subject to change. Clarity Laser Vision makes no representation nor does it warrant that the information provided, regardless of its source (the “Content”) is accurate, complete, reliable, current, or error-free. Clarity Laser Vision disclaims all liability or any inaccuracy, error, or omission. Results may vary depending on usage of the Service as well as other factors in your circumstances that are outside the control of Clarity Laser Vision and the scope of the Service.

  1. PRIVACY

In addition to these Terms and Conditions, this Website has a Privacy Policy that describes how your personal data is collected and how cookies are used on the Website. For more information, you may refer to our Privacy Policy, available on the Website. By using or browsing this Website, you also acknowledge that you have read our Privacy Policy.

  1. LIMITATION ON LIABILITY

You agree that final diagnosis and treatment decisions are made solely by the attending eyecare professional.

The Company is not liable for any damages that may occur to you as a direct, indirect, or incidental result of your use of the Website, to the fullest extent permitted by law. Clarity Laser Vision is not liable for damages in connection with any failure of performance, error, omission, attack, interruption, delay in operation, computer virus, or system failure, loss of revenue, goodwill or data, third party theft of , unauthorized access to, alteration of or use of your information or property, regardless of our negligence. The maximum liability of Clarity Laser Vision arising from your use of the Website is limited to one hundred ($100) Canadian Dollars. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, or unsatisfactory post-operative patient outcomes, complications of surgery, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

  1. ENTIRE AGREEMENT

This agreement constitutes the entire agreement between you and Clarity Laser Vision pertaining to the Site and Service and supersedes all prior agreements, representations, and understandings between the Company pertaining to the use of this platform.

  1. SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

  1. NOTICES

All communications under this Agreement shall be in writing and properly addressed as follows:

Clarity Laser Vision: Suite 110, 1016 68 Ave SW, Calgary, Alberta, Canada, T2V 4J2