SERVICE AGREEMENT

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.:

Eligibility Requirements

In order to qualify for Prescription Services, the following must be true:

  • You are eighteen (18) to fifty (50) years of age.
  • You meet our medical criteria and not have a history of diabetes, hypertension, glaucoma, cataracts, retinal detachment, brain injuries, neurological issues; symptoms of acute eye pain; or flashes and floaters in your eyes.
  • You are currently located in a State or territory where we provide services.
  • You are able to follow text or audio instructions; stand and physically move forward or backward from your computer screen; and cover one eye while operating a web-enabled phone.
  • Your refractive error (as described in Service Acceptance Section), if any, falls into the following categories:
    • Emmetropic
    • Myopic with spherical power between "-0.25 and -9.00"
    • Hyperopic with spherical power between "+0.25 and +2.50"
    • Astigmatic with cylinder power between Cyl "-0.25 and -2.50"
    • Presbyopic with ADD power between "+0.25 and +4.00"

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.

Our Services

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"):

  • Opternative will provide: (1) access to its technology for you to self-administer a visual acuity and color vision test through use of the internet, and (2) the results of your eye test(s).
  • Unless you are determined to be ineligible, or fail to provide Opternative with a prior prescription or any requested relevant information, Opternative will provide a licensed healthcare professional qualified to practice medicine or ophthalmology in your state to evaluate the results of your tests, perform a refractive eye examination, and issue a vision or ocular prescription, including a prescription for corrective eyewear, if clinically necessary (“Prescription Services”).
  • Opternative may share your service status and vision and ocular prescription with a qualified optician or retailer that you have engaged to dispense glasses or contacts, or to a qualified optician or retailer that directed you to Opternative via a custom link.
  • Opternative may verify your most recent vision and ocular prescription with the healthcare provider that issued it.
  • Opternative may use your medical information to present special offers to you from 3rd party vendors.
  • Opternative will provide educational and related information on eye health.
  • Opternative will provide a non-comprehensive list of available resources for you to receive an eye health exam and obtain corrective eyewear.
  • Opternative will only perform some diagnostic or exam covering your eye health. Our exam measures your refractive error.
  • Opternative will not provide any services for medical emergencies or urgent situations. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

Your Responsibilities and Acknowledgements

  • You agree that the Services will be used only for you, and that the identification information you have provided is accurate and truthful.
  • You shall be responsible for providing accurate health, demographic, geographic and contact information.
  • You agree to strictly follow all of the instructions provided by Opternative in your self-administration of the eye examination.
  • You understand that Opternative's Services DO NOT include a comprehensive eye health examination.
  • You agree to visit an optometrist or ophthalmologist at least every two (2) years to get a comprehensive eye health examination.
  • You agree to follow the recommendations of Opternative's licensed healthcare professionals, who may recommend more frequent visits.
  • You agree to update your contact information within two (2) days of any change.
  • You agree to pay or be responsible for payment of the cost of the Services in accordance with this Agreement and Opternative's policies, as it may be changed from time to time.
  • You understand and agree that Opternative may use your de-identified health information to perform research to improve the accuracy and efficacy of our technology.
  • If asked, you agree to provide your most recent glasses or contact lens prescription and the contact information of the healthcare provider that issued the prescriptions.
  • If asked, you agree to retake the Opternative Eye Exam again in part or in whole.
  • You give Optimized Eye Care permission to contact your healthcare provider to verify your prior glasses or contacts prescription on your behalf.

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:

  • The information transmitted may not be sufficient to allow the healthcare professional to make an appropriate clinical decision.
  • Delays in transmission, evaluation or treatment due to equipment or connectivity failure.
  • Lack of access to your full medical history and/or condition due to the remote location of the healthcare professional.
  • Breach of privacy of personal information due to a failure of security systems or protocols.

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 info@opternative.com, 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 are a patient of Opternative and are entering into a patient-provider relationship with the healthcare professional assigned to you by Optimized Eye Care, P.C.
  • You may expect the anticipated benefits from the use of Opternative's Services, but no results can be guaranteed or assured.
  • You could receive similar services from a local healthcare provider, but you are choosing to receive these services from Opternative through the use of electronic technology and a remote healthcare professional.
  • You are giving permission for Opternative to send your service status and vision and ocular prescription to a qualified healthcare provider or retailer with appropriate authorization.
  • You are giving permission for Opternative to share your service status and vision and ocular prescription with a qualified healthcare provider or retailer that you have engaged to dispense glasses or contacts.
  • You are giving permission for Opternative to share your service status and vision and ocular prescription with a 3rd party that you designate or to a qualified optician or retailer that directed you to Opternative via a custom link.
  • You are giving permission for Opternative to send your contact information, service status and vision and ocular prescription to a qualified retailer with appropriate authorization as part of the Opternative Vision Benefits program.
  • You agree to receive email and text communications from Opternative based on your health information that may contain commercial advertisements or promotions for services or products from Opternative or a 3rd party with whom Opternative has a financial relationship and may benefit from your purchase of the service or product.
  • You are giving permission (consent) to Opternative, and specifically Optimized Eye Care, P.C., to provide a refractive eye examination, evaluate the results, and issue you a vision or ocular prescription, including a prescription for corrective eyewear, if clinically necessary.
  • If you obtain a prescription for corrective eyewear, it is solely for your personal use.

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

Opternative respects your privacy and takes privacy very seriously. By accepting this Agreement, you consent to Opternative’s use and disclosure of your personally identifiable information, including health information, provided to us or developed while receiving Services as outlined in our Privacy Policy and Notice of Privacy Practices, which are part of the Agreement.

Information that you provide to us or that we collect about you through your access to and use of the Site is subject to our Privacy Policy, and any health information collected about you will be governed by our Notice of Privacy Practices. We encourage you to read and become familiar with our Privacy Policy.

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.

You may request your Patient Chart for a minimum of four years or the period required by State or Federal law, whichever is longer. For additional information regarding use of your Patient Chart and your rights relating to PHI and other health information we collect or maintain about you, please see our Privacy Policy and Notice of Privacy Practices.

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:

  • From you.
  • From other sources authorized by you to make a payment to Opternative on your behalf, including, but not limited to other healthcare professionals, retail eyewear providers, etc.
  • From your health insurance plan ("Plan"), if Opternative has a contract or other arrangement with your plan. If Opternative does not have a contract or other arrangement with your Plan, you will be responsible for paying Opternative directly.

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.

Disputes

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.

Notice

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.

Amendments

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.

General Provisions

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