Online Services, Disclosures, and Access Agreement

Welcome to Online Services with Opticare Vision Plans!

This Online Agreement and Disclosure (the "Agreement") discusses how you can use Online Services (the "Service") to obtain information about member accounts, and to request certain other eye health services. It also contains the terms and conditions governing the Service.

If you use Opticare's Online Services , you thereby indicate your consent to these terms. You may print a copy of this Agreement for your records now, or you can refer to this document online later at your convenience.

Users of Online Services should always check the logon screen for the agreement revision date to ensure they have reviewed the most recent version of this agreement. Changes will always be summarized at the beginning of the document.

DEFINITIONS
As used in this agreement, the following words have the meanings given below.

  • "You" and "your(s)" refer to each person (including any business) who applies to use the Service, and each person who uses the Service with the permission of an applicant.
  • "Business" means any corporation, partnership, limited liability company, sole proprietorship or any other type of entity maintaining a account for commercial purposes.

SECURITY & PROTECTING YOUR ACCOUNT
Opticare is strongly committed to protecting the security and confidentiality of our customer account information. Opticare uses state-of-the-art technology in the ongoing development of its Online Services to ensure this security. We use several different methods to protect your account information:

  • You can only access Online Services with certain browsers that have a high security standard.
  • You must have a valid User Name. and Password to sign in.
  • If no action is taken for 30 minutes, you will be automatically logged off Online Services.

YOUR RESPONSIBILITY:
You agree....

  • Not to give out your identifying information such as your Password to any other person. The system may rely on your User Name and Password to identify you when providing services to you.
  • Never to leave your account information displayed in an area accessible by others.
  • Never to leave your PC unattended while using Online Services Manager.
  • To always exit the system by clicking on "Sign Off" link on the menu bar after using Online Services Manager.
  • Notify by telephone at 1-800-840-7032 immediately if you suspect that your User Name and or Password has become known to any unauthorized person.

ONLINE E-MAIL COMMUNICATIONS
In general, communications sent over the public Internet are not necessarily secure. Therefore, we will not send, and we strongly suggest that you do not send, any confidential account information unless using the SSL ("https") electronic communication. We will not respond to account information related questions sent via Internet e-mail. You agree that we may take a reasonable time to act on any e-mail.

SERVICE AVAILABILITY
Online Services with Opticare is available 365 days a year. However, it is necessary to interrupt the Service on a scheduled basis to perform periodic system and account maintenance. These maintenance periods occur weekly and are typically limited to the early morning hours (i.e. Midnight - 6:00 a.m.) between Saturday and Monday. The times may vary somewhat by geographic region due to different time zones. During these periods, customers are notified of the maintenance activities by an informational screen that is displayed when attempting to access Online Services.

Opticare may, at our discretion, extend the maintenance periods outlined above as necessary to complete more extensive maintenance, system upgrades, or to resolve Service problems.

REGISTRATION
Contractual Accounts.
Opticare contractual account customers can register online, by selecting the "Accept" button at the end of this Agreement, indicating your acceptance to these terms and conditions. To register, you must contact our (Provider Relations Dept.) at 1-800-840-7032 and provide the following:

  • User Name (Screen Name)
  • Your Provider Account Number
  • Your Tax Identification Number

User Name and Password.
Your User Name and Password identify and authenticate you to Opticare when you use Online Services. Online services may only be obtained by customers who have existing contractual accounts with Opticare Vision Plans.

If necessary, passwords can be changed or reset by calling Opticare Vision Plans at 1-800-840-7032.

Closing of "Inactive" Access Identifiers.
Opticare reserves the right to deactivate any Online service that has been "inactive" for a period of 3 months or more. "Inactivity" is defined as the period of time since last accessing Online Services Manager, a date which is tracked by the E.H.M. system. Customers whose Accounts has been closed due to inactivity will be required to go through the registration process again to restore their access to the Service.

Your Liability for Unauthorized Use.
Tell us immediately if you believe your Password has become known to an unauthorized person or if an unauthorized transaction has occurred involving your account.

Protecting Your Password.
You agree that we may send confidential mailings, including Password confirmations, to the current address shown in our records for your account, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Opticare will not be responsible or liable to you in any way in the event that such properly addressed information is intercepted by an unauthorized person, either in transit or at your place of business.

You agree to:
(1) keep your Password secure and strictly confidential, providing them only to authorized signers on your account(s) or other trusted employees, agents, etc. who you want to act as your representative to access your account(s);
(2) instruct each person to whom you give your Password that he or she is not to disclose them to any unauthorized person; and
(3) immediately notify us and select a new Password if you believe your confidential codes may have become known to an unauthorized person.

Opticare shall have no liability to you for any unauthorized use made using your Screen Name and Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your screen name and password, even without receiving such notice from you, if we suspect they are being used in an unauthorized or fraudulent manner.

Acknowledgment of Commercially Reasonable Security Procedures.
By using the Services, you acknowledge and agree that this agreement sets forth security procedures for electronic health management transactions which are commercially reasonable. You agree to be bound by any instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we have had a reasonable opportunity to act on such notice).

Unless otherwise required by law, in no event will Opticare Vision Plans be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages.

OUR ABILITY TO TERMINATE SERVICES
You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the accounts to or from which transfers are made using the Service. We can terminate your privileges under this Agreement without notice to you if you do not comply with any agreement governing your accounts, or if any such account is not maintained in good standing.

We can also terminate the Service if we believe that an actual or potential unauthorized use of your Screen Name, Password or account may be occurring.

As stated earlier in the agreement, Opticare may also deactivate or "close" any account that has been "inactive" for a period of 3 months or more.

Opticare Vision Plans reserves the right to terminate your access to the Online Services or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.

AMENDMENT
We can amend this Agreement upon notice to you, which you agree may be sent by e-mail or by an announcement conspicuously displayed directly within the site. Any notice will be effective not later than ten (10) days after we send or post the notice (unless a law or regulation requires a longer notice period), whether or not you have retrieved or viewed the notice by that time.

VIRUS PROTECTION
You agree that Opticare is not responsible for any electronic virus that you may encounter using Online Services Manager. We encourage you to routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.

OUR LIABILITY
Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither Opticare Vision Plans, N.A. nor any of its parents, subsidiaries or affiliates (collectively, "Opticare Health Systems Inc.") nor any third party service providers engaged by Opticare to perform any of the services connected with Online Services shall be responsible for any damages, loss, property damage or bodily injury, incurred as a result of your using or attempting to use the Online Services, whether caused by the equipment, software, Internet browser providers such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Internet Explorer browser), Internet access providers or online service providers or an agent or subcontractor of any of the foregoing. Nor shall Opticare or any third party service providers engaged by Opticare Vision Plans. be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, Online Services or Internet browser or access software, or from the unavailability of Online Services or for any errors in information provided through that service.

ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, and if you are a contractual customer with Online service, Online Services Enrollment Form, contains the entire understanding between you and Opticare Vision Plans. concerning the Online Services, and supersedes any verbal conversations, other communications, and previous agreements, if any.

YOUR AGREEMENT TO THESE TERMS AND CONDITIONS
Your registration for Online Services (1) your agreement to be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment that you received and understand the terms of this Agreement.