This Service Agreement ("Agreement") governs your use of the services of Optimized Eye Care P.C., and its authorized agents (including Opternative Inc.) (collectively "Opternative," "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:
In addition to the above requirements, Opternative reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing additional notice.
Opternative provides healthcare services, including Prescription Services, through the use of the internet, mobile browser applications, and other interactive electronic communication technologies. Your Opternative 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 examinations and evaluations remotely through the use of these electronic technologies. In your State, Opternative's services may be considered telehealth or telemedicine.
Opternative reserves the right to deny services to anyone in its sole discretion, except as prohibited by law.
Under this Agreement, Opternative agrees to provide the following healthcare and related services ("Services"):
Your Responsibilities and Acknowledgements
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 Opternative's Services are provided through the use of electronic technology. You further acknowledge that you understand that the Opternative 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:
Opternative's eye examination, like an in-person eye examination, is not perfect or absolute. You understand that while the Opternative eye examination 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 examination process is not perfect or absolute. As explained in greater detail on our website, www.opternative.com ("Site"), there is a statistical possibility that an examination 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 firstname.lastname@example.org, 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 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 that Opternative makes no representations or warranties about the adequacy or accuracy of any corrective eyewear that you may obtain through the use of a prescription from Opternative.
Privacy and Security
Electronic Health Record
Opternative 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 Opternative registration process or your communication with an Opternative 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
Opternative 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. Opternative may or may not provide you notice of our compliance with these legal requirements.
Payment of Fees and Cancellation Policy
Opternative will accept payment for Services in the following manner:
Opternative DOES NOT accept payment from Medicare, Medicaid, TriCare, or any other government sponsored health program.
Opternative accepts various forms of electronic payment in accordance with Opternative policies and this Agreement. Opternative currently accepts electronic payments made by credit or debit card, pre-paid cards such as gift cards or health-savings accounts.
Opternative 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 Opternative to accept payment for your Services from another eligible source, Opternative will accept payment in accordance with a separate agreement or understanding between Opternative and the eligible source. Opternative 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, Opternative 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 Opternative receives payment from your Plan, Opternative will credit your card in the amount received. If your Plan denies coverage for any Services, Opternative 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 examination process. In order to complete the purchase you must make full payment, provide Opternative with a prior prescription or any requested relevant information, and have retaken the exam if necessary as directed by Opternative.
If you fail to complete your purchase within the required 30 days and have paid for your exam, you will be given an additional 30 days to complete your purchase and receive a prescription by retaking the exam and providing all necessary information to Opternative. You will not be charged for this additional exam.
All prescriptions must be issued within 30 days of starting the online exam process. If requested, you must provide Opternative with a prior prescription and any requested relevant information within this time frame.
Within 30 days after completing your purchase, you must provide Opternative with a prior prescription or any requested relevant information or retake the exam as directed by Opternative.
If you do not provide Opternative with the necessary information and/or retake your exam within 60 days of completing your purchase, your purchase will be deemed abandoned and you will have to re-purchase and retake the exam at your own expense to receive a prescription.
Opternative will not refund any payments for an abandoned purchase.
Opternative 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 Opternative may terminate this Agreement and your right to use Opternative 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. Opternative shall retain your Patient Chart in the EHR for a period of time as required by law.
Limitation of Liability; Indemnity
TO THE FULL EXTENT PERMITTED BY LAW: (a) IN NO EVENT WILL OPTERNATIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, EVEN IF OPTERNATIVE HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) IN ANY EVENT, OPTERNATIVE'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 OPTERNATIVE HEREUNDER OR YOUR USE THEREOF), WILL NOT EXCEED THE AMOUNT YOU HAVE PAID TO OPTERNATIVE DURING THE ANNUAL PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.
To the extent permitted by law, you agree to release, indemnify and hold Opternative, its owners, medical advisors, officers, directors, affiliates, employees, and agents harmless from all liabilities, claims, expenses arising from injury or personal damage that occurs in connection with your use 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.
Opternative will generally communicate with you using the email address or telephone number you provided to Opternative. In some circumstances, we may communicate with you using the mailing address you provided to Opternative. You may contact Opternative on all matters relating to your order or services provided by us by using the following resources:
Optimized Eye Care P.C.
175 N. Ada St., Suite 200
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 Opternative 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 Opternative that specifically address the Services shall constitute the complete agreement between Opternative, 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.
Opternative 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.
Updated August 31, 2015