EYE C BETTER

Terms of Use

PLEASE READ THIS COOKIE POLICY CAREFULLY.

Welcome to EyeCBetter Corporation’s website. EyeCBetter creates and maintains this website to provide information to and communicate better with physicians, patients and others who may be interested in learning more about EyeCBetter and the products and services it offers. EyeCBetter is the sole source of funding for this website. Your visit to and use of this website is subject to these terms and conditions.

 

These Terms of Use were last reviewed April 2022. These Terms of Use may be updated periodically. Please review the Terms of Use each time you visit the website. By using this website, it means you accept the most recent version of the Terms of Use.

CALL 911 FOR AN EMERGENCY. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

  1.             Acceptance of the Terms and Conditions.

1.1      Eye C Better Corporation. (herein referred to as “ECB,” “we,” “us” or “our”) provides and makes available this website (the “Website”).  Use of the Website is subject to the terms and conditions contained in this Website Terms of Use Agreement (the “Agreement”).  Please read this Agreement carefully.  By accessing, browsing or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement.  If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Website.

1.2      You understand and agree that we may change this Agreement at any time without prior notice.  You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Website.  The revised terms and conditions will become effective at the time of posting.  Any use of the Website after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Website.

1.3      Your access to and use of the Website is also subject to our Privacy Policy that can be viewed at any time by selecting the “Privacy Policy” link on the Website, the terms and conditions of which are hereby incorporated herein by reference.

  1.             Use of the Website.

2.1      This Website contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties.  The Content is protected by United States and foreign intellectual property laws.  Unauthorized use of the Content may result in violation of copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement.  No other use is permitted without our prior written consent.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

2.2      The trademarks, service marks, and logos of ECB (the “ECB Trademarks”) used and displayed on this Website are registered and unregistered trademarks or service marks of ECB.  Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the ECB Trademarks, the “Trademarks”).  Nothing on this Website or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of ECB specific for each such use.  The Trademarks may not be used to disparage ECB or the applicable third party, ECB’s or the third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.  Use of any Trademarks as part of a link to or from any website is prohibited without ECB’s prior written consent.  All goodwill generated from the use of any ECB Trademark shall inure to ECB’s benefit.

2.3      You agree not to: (a) take any action that imposes an unreasonable load on the Website’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website, (d) delete or alter any material posted on the Website by ECB or any other person or entity, or (e) frame or link to any of the materials or information available on the Website.

2.4      The Website contains links to third party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.

We are not responsible for the content, performance or your business dealings with any of the linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.  If you decide to access any External Sites, you do so at your own risk.

2.5      Certain elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of the Agreement. None of the Content for this Website may be retransmitted without the express written consent from ECB for each instance.

  1.             Limitation of Liability and Disclaimer of Warranties.

3.1      ECB, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ECB PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY.  THE ECB PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  THE ECB PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.  YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK.

THE ECB PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.  IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ECB PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE ECB PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

3.2      IN NO EVENT SHALL ANY ECB PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ECB PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.3      SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE ECB PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

3.4      IF YOU ARE FROM NEW JERSEY, THE FOREGOING SECTIONS 3.1 AND 3.2 ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.  IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

  1.             Indemnification.  You agree to defend, indemnify, and hold harmless the ECB Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Website.  ECB will provide notice to you of any such claim, suit, or proceeding.  ECB reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting ECB’s defense of such matter.
  2.             Termination of the Agreement.

5.1      ECB reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Content at any time and for any reason without prior notice or liability. ECB reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.

5.2      Sections 2 (Use of the Website), 3 (Limitation of Liability and Disclaimer of Warranties), 4 (Indemnification), 5 (Termination of the Agreement), and 8 (Miscellaneous) shall survive the termination of this Agreement.

  1.             User Must Comply with Applicable Laws.

6.1      We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States (“U.S.”).  If you access the Website or the Content from outside of the U.S., you do so at your own risk.  Whether inside or outside of the U.S., you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

6.2      The U.S. controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

  1.             U.S. Government Restricted Rights.  The Content is provided with “RESTRICTED RIGHTS.”  Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor.  Use of the Website or Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.
  2.             Governing Law.  This Website is controlled by EyeCBetter from its offices in Indio, California. By accessing this Website you agree that all matters relating to your access to, or use of, this Website and/or information contained in this Website shall be governed by and venue subject to the laws of the State of California.  You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the State of California.  
  1.             Miscellaneous. 

9.1 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  

9.2 Failure of ECB to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against ECB unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. 

9.3 Except as expressly agreed by ECB and you, this Agreement constitutes the entire agreement between you and ECB with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  

9.4 The section headings are provided merely for convenience and shall not be given any legal import.

9.5 This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.  

  1.             Your Feedback. 

10.1 Any information submitted or provided by you to the Website might be publicly accessible.  Important and private information should be protected by you.  ECB is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

10.2 We welcome feedback from visitors to this Website. Any information you choose to submit through this Website will be considered non-personal, non-confidential and non-proprietary. If you transmit any ideas, information, concepts, know-how, techniques or materials to us through this Website, you hereby grant ECB an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that ECB is free to use them for any purpose.

  1.             Website Images. Images of people may be used throughout this Website to illustrate stories, testimonials, quotations, clinical trials and/or evaluations. The images of people contained throughout this Website are not necessarily patients, families of patients or physicians and in some cases the people in these images are professional models.
  1.             Market and Industry Data.  Market and industry data contained in this Website are based upon information, surveys or studies conducted by independent third parties and independent industry or general publications and our knowledge of, and experience in, the markets in which we operate. We have no reason to believe that such information is false or misleading in any material respect, however market and industry data is subject to variation and cannot be verified with complete certainty due to limits on the availability and reliability of raw data, the voluntary nature of the data gathering process and other limitations and uncertainties inherent in any statistical survey. This information has not been independently verified by us or any of our respective directors, officers or representatives and no representation is given as to the accuracy of any of the data from third party sources referred to in this presentation.
  1.             CPT Codes. The information provided regarding the CPT codes discussed herein is current as of (April 2022), but may change as the codes are implemented and as CMS considers public commentary concerning them. This Website is for informational purposes only and may not be applicable to a patient or physician’s unique situation. Any hypothetical or sample scenarios presented are wholly demonstrative and should not be relied upon as indicative of actual results.  There are many variables involved in successfully utilizing digital/remote current procedural terminology (CPT) codes, Eye C Better cannot guarantee or warrant that these programs will work for all scenarios or that a specific patient population will meet the qualifications to enroll.

 14.             Questions, Comments, and Notices.  ECB may deliver notice to you by electronic mail, a general notice on this Website, or by written communication delivered by First Class U.S. Mail to your address on record with ECB. You may deliver notice to ECB by using the Contact Us feature.

The current gold-standard for measuring IOP uses a device called the Goldmann Applanation Tonometer (GAT).  This device is found in most, if not all, medical eye care clinical settings and is not available for home-use.  The limitations of the device are cost, size, and its dependence on an experienced operator to capture a pressure measurement.  There is a semi-portable version of the device, but this has similar limitations in that it also requires training for safe use and cannot be self-administered.

In view of the foregoing drawbacks of existing systems and methods, there is a need for a device that allows for accurate home IOP measurement. ECB’s device and integrated network will encompass data collection, data storage, and communication with healthcare providers.