IMPORTANT NOTE REGARDING WEBSITE CONTENT
The information and content (collectively, "Content") on this website is for your general
educational information only. The Content cannot replace the relationship that you have with
your health care professionals. The Content on this website should not be considered medical
If you are experiencing a medical emergency, you should not rely on any information on this site and should seek appropriate emergency medical assistance, such as calling "911."
You should always talk to your health care professionals for diagnosis and
treatment, including information regarding which drugs or treatment may be appropriate for you.
None of the information on this website represents or warrants that any particular drug or
treatment is safe, appropriate or effective for you. Health information changes quickly.
Therefore, it is always best to confirm information with your health care professionals.
This website is intended for a United States audience. If you live outside the U.S., you may see
information on this website about products or therapies that are not available or authorized in
The Content may include information regarding therapeutic and generic alternatives for certain
prescription drugs, and may describe uses for products or therapies that have not been approved
by the Food and Drug Administration. This Content is for informational, cost-comparison
purposes only. It is not medical advice and does not replace consultation with a doctor,
pharmacist or other health care professional. Talk to your health care provider to determine if an
alternative prescription drug is right for you.
Agreement and Terms
constitute a legally binding agreement between you, the person using this website, and Davis Vision. If you are helping another person use this website, these Terms constitute a legally
binding agreement between both the helper and the person being helped and Davis Vision. Terms
such as "we" or "our" and "Company" refer to Davis Vision and its affiliate entities.
By using this website, you agree to the most-recent Terms as well as the most-recent version of
this or a similar page of this website. It is your responsibility to review these Terms each time
you use this website. By continuing to use this website, you consent to any changes to our
If you enter into any other agreement with the Company, for example regarding health plan
coverage, then these Terms are in addition to the terms of such other agreement. Neither entering
into this agreement, nor visiting this website, nor any of these Terms, guarantees that you are
eligible to receive coverage from us for any plan offered through this website or otherwise.
License to use this website and content ownership
Subject to these Terms, the Company grants you a personal, nontransferable, nonexclusive,
revocable, limited license to view the Content on the website for the sole purpose of collecting
information regarding our plan and related activities such as, if permitted on this website,
applying to enroll in a plan. You may also print a reasonable number of copies of the Content for
your personal use, but in such case you must reproduce all proprietary copyright and trademark
notices. All rights, title and interest in and to the website, including the Content, and all
intellectual property rights, including all copyright, trademark, patent and trade secret rights
therein shall remain with the Company and our licensors and vendors, and no ownership interest
is transferred to you or any other entity by virtue of making the Content available on the website,
granting the foregoing licenses or entering into this Agreement.
In the event you choose to provide us with any feedback, suggestions, or similar
communications, all such messages (collectively, "Feedback Messages") will be considered nonpersonal,
and nonproprietary. You hereby grant the Company a perpetual, sublicensable, assignable,
unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform,
practice, modify, create derivative or collective works, transmit and distribute your Feedback
Messages, in whole or in part, and including all intellectual property rights therein.
Some websites operated by the Company include trademarks or logos belonging to other third party
licensors and are used pursuant to an agreement with such third parties.
We may terminate this license at any time for any reason. If you breach any of these Terms, your
license to the Content terminates immediately. Upon the termination of this license you must
stop using this website, including all Content, and return or destroy all copies, including
electronic copies, of the Content in your possession or control.
Restrictions on use of this website
not to use this website or Content in any way not explicitly permitted by these Terms or
the text of the website itself;
not to copy, modify or create derivative works involving the Content, except you may
print a reasonable number of copies for your personal use;
not to misrepresent your identity or provide us with any false information in any
information-collection portion of this website, such as a registration or enrollment
- not to take any action intended to interfere with the operation of this website;
not to access or attempt to access any portion of this website to which you have not been
explicitly granted access;
not to share any password assigned to you with any third parties or use any password
granted to a third party;
not to directly or indirectly authorize anyone else to take actions prohibited in this
to comply with all applicable laws and regulations while using this website or the
Content. You represent and warrant that you are at least 13 years of age, and that if you
are between 13 and 18.
Posting messages, comments or content
Certain portions of this website may be configured to permit users to post messages, comments,
or other content. Any such content is only the opinion of the poster, is no substitute for your own
research, and should not be relied upon for any purpose. You agree not to post any content:
which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing,
threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or
otherwise objectionable; or
where the transmission of which could violate, or facilitate the violation of, any
applicable law, regulation, or intellectual property rights.
You are solely responsible for the content of any postings you submit and the Company assumes
no responsibility or liability for any content submitted by you or any other site visitor. We may,
but are not obligated to, restrict or remove any and all content from a message that we determine
in our sole discretion violates these Terms or is otherwise harmful to us, our customers, or any
third party. We reserve the right to remove the content you provide at any time, but you
understand that we may preserve and access a backup-copy, and we may disclose the content if
required to do so by law or in a good faith belief that such access, preservation, or disclosure is
required by law or in the best interests of the Company.
Any content you submit is for non-commercial use only. Any content you submit will be routed
through the Internet and you understand and acknowledge that you have no expectation of
privacy with regard to any content you submit. Never assume that you are anonymous and
cannot be identified by your posts.
If you do post content or submit material, and unless we indicate otherwise, you grant the
Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to
use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and
display such content throughout the world in any media. You grant the Company and any of its
sublicensees the right to use the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content you supply does not
violate these Terms and Conditions and will not cause injury to any person or entity; and that
you will indemnify the Company or its affiliates for all claims resulting from content you supply.
Copyright Infringement — DMCA Notice
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright
owners who believe that material appearing on the Internet infringes their rights under US
copyright law. If you believe in good faith that content or material on this site infringes a
copyright owned by you, you (or your agent) may send the Company a notice requesting that the
material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed; (c) identification of
the material that is claimed to be infringing or the subject of infringing activity; (d) the name,
address, telephone number, and email address of the complaining party; (e) a statement that the
complaining party has a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent or the law; and (f) a statement that the
information in the notification is accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
If you believe in good faith that a notice of copyright infringement has been wrongly filed
against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices
must meet the then-current statutory requirements imposed by the DMCA. Notices and counternotices
with respect to the Site should be sent to the address above.
Changes to website content
We may change, add or remove some or all of the Content on this website at any time. In
addition, please note that although our goal is to provide accurate information, certain features
that may be offered through this website, such as participating healthcare providers, pricing
information or other Content, may not be accurate or up to date. In addition, please note that
features of any plan or plans described in this website may change over time as permitted by law,
including benefit levels, items included in any formulary, pricing or lists of participating
providers or other associated vendors.
While visiting this website you may click on a link to other websites and leave this website. We
provide links to other websites that may contain information that may be useful or interesting to
you. We do not endorse, and are not responsible for, the content and accuracy of linked websites
operated by third parties or for any of your dealings with such third parties. You are solely
responsible for your dealings with such third parties and we encourage you to read the terms of
use and privacy policies on such third-party websites.
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS", "AS
AVAILABLE" BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING
CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR
INFORMATION FOR THIS WEBSITE (COLLECTIVELY, "WEBSITE-RELATEDPARTIES")
HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY,
COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE
THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITERELATED-
PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY
INFORMATION REGARDING PARTICULAR PLAN BENEFITS OR SCOPE OF
COVERAGE IS ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE
NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE. 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.
Some states do not allow limitations on implied warranties, so one or more of the above
limitations may not apply to you.
LIMITATION OF LIABILITY
FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS
WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON
WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL
THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES,
INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT
LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITERELATED-
PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES
SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO
EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME
STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, INCLUDING ALL
AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE
LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT
DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM
ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITERELATED-
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU
ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Governing law and statute of limitations
The laws of the State of Minnesota govern these Terms and any cause of action arising under or
relating to your use of the website, without reference to its choice-of-law principles. You agree
that the only proper jurisdiction and venue for any dispute with the Company, or in any way
relating to your use of this website, is in the state and federal courts in the State of Minnesota,
U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in
connection with any dispute involving the Company or its employees, officers, directors, agents
and providers. If any provision of these Terms are determined to be invalid under any applicable
statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of
the Agreement shall remain enforceable.
Before seeking legal recourse for any harm you believe you have suffered arising from or related
to your use of this website, you agree to inform us in writing and to give us 30 days to cure the
harm before initiating any action. You must initiate any cause of action within one year after the
claim has arisen, or you will be barred from pursuing any cause of action.
To contact us regarding these Terms or the operation of the website itself, contact Davis Vision Customer Service at 855-589-7911 or write to:
Capital Region Health Park, Suite 301
711 Troy-Schenectady Road
Latham, New York 12110
The Effective Date of these Terms is July 15, 2011.
Your obligations under the following sections survive termination of this Agreement: Important
Note Regarding Website Content; Agreement and Terms; portions of License to use this website
and content ownership; Restrictions on use of this website; Posting messages, comments or
content; Copyright Infringement – DMCA Notice; Changes to website content; Links; NO
WARRANTIES; LIMITATION OF LIABILITY; Governing law and statute of limitations;
Additional terms. If any provision of these Terms 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 these Terms, which shall remain in full force and effect. No waiver of
any of these Terms shall be deemed a further or continuing waiver of such term or condition or
any other term or condition. You agree to defend, indemnify, Website-Related-Parties and their
subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach
of this Agreement or your use or misuse of the Content or website. You may not transfer or
assign any rights or obligations under this Agreement. The Company may transfer or assign its
rights and obligations under this Agreement.