TERMS AND CONDITIONS


This website is provided and maintained by MARCH Vision Care, Inc. ("MARCH Vision Care"). The use of and access to this website is governed by these terms and conditions. Please read them carefully. MARCH Vision Care may amend these terms and conditions at any time, without notice to you. Each time you use this website, you are confirming your agreement on behalf of yourself and, to the extent applicable, the health plan or provider(s) you represent, to the then current terms and conditions. You have read, understood, and agreed to these terms and conditions.

You understand and agree that MARCH Vision Care reserves the right to modify, enhance, or supplement this website, in its discretion, at any time, and without notice. You further understand and agree that any such changes will automatically constitute part of this website and will, as a result, also be subject to these terms and conditions. You understand and agree that MARCH Vision Care reserves the right to suspend access to or discontinue this website, in its discretion, at any time, and without notice, temporarily or permanently, in whole or in part. Neither MARCH Vision Care nor its affiliates are responsible or liable to you or any third party for any changes, suspension, or discontinuation.

LOGIN INFORMATION

You may be issued a user name and password ("Login Information") that you may need to access all or part of this website. All instructions transmitted or received by anyone using your Login Information are deemed to be binding on you and to the extent applicable, the health plan or provider(s) you represent. You agree to safeguard your Login Information and be responsible for all actions taken with your Login Information. If you believe someone without authority to act on your behalf may have obtained access to your Login Information you agree to contact MARCH Vision Care immediately.

PRIVACY

You understand and agree access to this website may require that you provide personal information such as your name and phone number during registration which may be used to authenticate you when using this website and that information about your usage of this website may be obtained. You further understand and agree to provide such information, which MARCH Vision Care may store, use, and disclose in order to (i) identify you when you use or have questions about this website or request information or services from MARCH Vision Care, (ii) send you information you may find useful, (iii) improve this website or MARCH Vision Care's products or services, and (iv) monitor compliance with these terms and conditions. You also understand and agree MARCH Vision Care may disclose the foregoing information to its affiliates, vendors, suppliers, and other third parties in connection with the delivery, improvement, development, or implementation of MARCH Vision Care products and services. You further understand and agree MARCH Vision Care may disclose such information if required to do so by law.

INFORMATION OBTAINED FROM THIS WEBSITE

If you are a health plan representative, you may access this website to obtain information only regarding those MARCH Vision Care members who are members of the health plan you represent. If you are a provider, or you represent a provider, then you may access this website to obtain information only regarding members to whom you have provided or will provide services.

You understand and agree that this website may be accessed only for purposes set forth herein. You must use the information accessed only for those purposes and maintain the confidentiality of such information in accordance with HIPAA and applicable law.

Information presented on or contained in this website is presented for the purpose of educating customers and providers on wellness and disease management topics and assisting with enrollment, eligibility, claims tracking and medical management activities. Nothing contained in this website is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of a physician or other qualified health care provider. Information obtained at this website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking care because of something you have read on this website.

MARCH Vision Care services and information accessed through this website are provided "as is" without warranty, express or implied. MARCH Vision Care hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to this website.

OTHER WEBSITES

You are encouraged to use discretion while browsing the Internet on searches initiated at this website. Links from this website may lead unintentionally to websites containing information that some people may find inappropriate or offensive. It may also lead to websites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. MARCH Vision Care makes no representations concerning any effort to review all of the content of websites linked to from this website.

LIMITATION OF LIABILITY AND INDEMNITY

IN NO EVENT WILL MARCH VISION CARE, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, LICENSE HOLDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE ("MARCH AFFILIATES") BE LIABLE IN ANY MANNER WHATSOEVER (A) FOR ANY DECISION MADE OR ACTION TAKEN OR OMITTED BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THIS WEBSITE, (B) FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (C) FOR UNAUTHORIZED ACCESS TO YOUR INFORMATION, (D) FOR THIS WEBSITE’S AVAILABILITY, RELIABILITY, OR FUNCTIONALITY, (E) FOR INACCURACIES, ERRORS, OR OMISSIONS IN INFORMATION PROVIDED THROUGH THIS WEBSITE, (F) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF MARCH VISION CARE HAS BEEN ADVISED, OR SHOULD KNOW, OF THE POSSIBILITY OF SUCH DAMAGES, OR (G) FOR ANY LOST REVENUE OR PROFITS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MARCH VISION CARE AND THE MARCH AFFILIATES ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THIS WEBSITE EXCEED $20 IN THE AGGREGATE, WHETHER ARISING BY OPERATION OF LAW, UNDER CONTRACT, TORT, OR STRICT LIABILITY PRINCIPLES, OR OTHERWISE.

You also agree to indemnify and hold MARCH Vision Care and each of the MARCH Affiliates harmless from any violation of these terms and conditions or any activity related to your account by you or any other person accessing this website using your Login Information.

COPYRIGHT AND TRADEMARK PROTECTION

The names MARCH, or MARCH Vision Care and MARCH Vision Care's registered and common law logo(s), service mark(s), and trademark(s) may not be used (a) to imply affiliation, endorsement, or sponsorship by MARCH Vision Care or its affiliates, (b) cause confusion, mistake, or deception, (c) dilute MARCH Vision Care's trademarks or service marks, or (d) otherwise violate state or federal law. These terms and conditions are copyright, 2013, by MARCH Vision Care, Inc.

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 website 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. This request should be sent to: DMCARegisteredAgent@uhc.com; or, alternatively to: MARCH Vision Care, Attn: DMCA Registered Agent, 9900 Bren Road East, Minnetonka, MN 55343.

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 counter-notices with respect to the website should be sent to the address above.

GOVERNING LAW

These terms and conditions are governed by the laws of the State of California, without regard to its conflict of law rules. SUBJECT TO ANY AGREEMENT FOR BINDING ARBITRATION, JURISDICTION AND VENUE FOR ANY CLAIM ARISING UNDER THESE TERMS AND CONDITIONS SHALL BE EXCLUSIVELY IN LOS ANGELES, CALIFORNIA.

SEVERABILITY

The provisions of these terms and conditions are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

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