Terms & Conditions of Use
Ocu Health Care, Inc., a Delaware corporation
Last Updated: January 10, 2023
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THIS USER TERMS AND CONDITIONS OF USE PRIOR TO USING OUR SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.
Section 1 – Introduction & Consent to Terms
Welcome to Ocu Health Care, Inc, a Delaware corporation’s (referred to herein as “Ocu Health Care, “we”, “us”, or “our”) Terms & Conditions of Use (referred to herein as the “Terms”). Ocu Health Care was created for our Users (as defined below) to be able to merge technology with their general health and wellness needs.
If you do not agree to these Terms, we ask that you please not use our educational, technology, and general wellness services (the “Services”). Signing up and becoming a User of our Platform constitutes acceptance of these Terms.
These Terms apply to all users of our website, https://ocuhealthcare.com/, our mobile website, our computer and mobile applications, our social media accounts, and other platform(s) or other medium(s)now in effect or hereinafter created (referred to collectively as our “Platform). By using our Platform or signing up for our Services, you agree to be bound by these Terms.
We reserve the right to modify the contents of these Terms at any time. You agree that it is your responsibility to monitor changes to these Terms. Any modification to these Terms will be notated at the top of these Terms.
Thank you and we look forward to assisting you!
Section 2 – Medical, Nutrition, and Wellness Disclaimer
Ocu Health Care is not a health care provider; rather we are a technology company that offers a variety of products and services related to general education and wellness. All information of any kind communicated to you from Ocu Health Care or while using our Platform is educational in nature and should be a substitute medical advice. Only your physician or other healthcare provider should be offering you medical advice. If you have a medical condition, please speak with a licensed medical professional.
Any wellness, fitness, or nutrition advice is provided and intended for general information purposes only. By using our Platform, you acknowledge and agree that Ocu Health Care does not diagnose or treat an illness or disease or other conditions or disorders. Any recommendations or information provided while using the Platform are not being prescribed by Ocu Health Care or are being provided to treat an illness, disease, or otherwise. While a our Platform may assist you in some manner with respect to a medical condition or disease, use of our Platform is not a substitute for medical examination or advice. Rather, our Platform is a supplement to the general medical care you should be receiving.
Ocu Health Care makes no claims, representations, or guarantees about your use of our Platform which will differ from person to person based on a variety of factors such as age, weight, sleep, exercise, and other elements not in the control of Ocu Health Care.
By becoming a User if our Platform, you acknowledge and agree that you have either (a) spoken with a physician or other medical professional who has advised you of your ability to use our Services; or (b) you have voluntarily chosen not to do so. While the general risk of injury or loss while using our Platform is unlikely, you may have an underlying health condition or sensitivity unknown to Ocu Health Care that could cause or contribute to an adverse reaction of some kind while using our Platform. Any information you receive or recommendations you encounter while using our Platform should be taken at your own risk.
Section 3 – Eligibility, User Account, & Technological Requirements
Access to and use of our Platform is not meant to be used by anyone under the age of eighteen (18) and we do not target persons under this age to provide our Services. By using our Services, you represent and warrant that (a) you are at least eighteen (18) years old; (b) have a working smartphone, computer, and virtual reality headset (a “VR Headset”); and (c) you have the full power and authority to enter into these Terms.
While some of our Services may work without a VR Headset, most of our Services will not. You will not be receiving a VR Headset by signing up for our Services. Obtaining or gaining access to a virtual reality headset is your sole responsibility.
Your use of our Services involves hardware, software, and access to the internet. These system requirements may change from time to time. You acknowledge and agree that all system or internet requirements for our Services is/are your sole responsibility, and you acknowledge and agree that failure to comply with all hardware, software, and internet requirements will be borne solely by you.
To register for our Services, you are required to create a user account through our computer or mobile application (a “User Account”) and provide pertinent information about yourself including, without limitation, your name, age, height, weight, email address, home address, and other information as requested when prompted to create a user account (referred to herein as becoming a “User”). The specific elements of our Services can be accessed through your User Account.
By registering for our Services and becoming a User, you further represent and warrant that (a) all information submitted is true and correct to the best of your knowledge; (b) if there are any errors or inaccuracies on your User Account, you will update this information as soon as you discover the inaccuracy; (c) you will maintain and continue to update your User Account to ensure that at all times it is current and accurate; and (d) you are only authorized to register a third-party if you have unambiguous consent from that person, preferably in writing, to do so. You will solely be responsible for any and all issues arising out of signing up a third-party.
Please be advised that the content you receive is, in part, crafted from the information you provide us; hence the importance of the information you provide us. Any injury or damage you sustain as a result of submitting incorrect information on your User Account will be borne solely by you. You agree to indemnify and hold harmless Ocu Health Care and our owners, managers, employees, agents, and investors from any issues caused by an error or omission in the information you provide.
By signing up and becoming a User, you consent to receive marketing and other communications related to our Services, products, and future product offerings.
Finally, you are solely responsible for maintaining confidentiality of your password and account information and are responsible for all activity that takes place on your account. Your account should be used by your and only you.
Section 4 – Services
Ocu Health Care provides a variety of Services, including, without limitation:
- Video conferencing;
- Discharge services;
- Health and wellness education; and
- Health and wellness exercises.
Section 5 –Terms of Sale & Payment
All prices and pricing options are described on our Platform at the time of purchase. All prices shown are in U.S. Dollars. Ocu Health Care reserves the right to change prices for our Services at any time, with or without notice.
All monies owed are due and payable at the time of purchase. Failure to pay for our Services will accrue interest at one percent (1%) per month until paid in full. At any time after failure to pay, Ocu Health Care can transfer your invoice, account, and any past-due payments to a collection agency or attorney. If any past-due payments are transferred to a collection agency or attorney, Ocu Health Care shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees.
When you provide payment information, you represent and warrant that the information you provide is accurate and that you are authorized to use the payment method provided. By providing a credit card, you represent and warrant that you authorize us or our third-party payment processing company to charge your payment method for all charges you incur in connection with your use of our Services. You agree that you are responsible to pay for and will pay for all such charges.
Section 6 –Refund Policy
We do not offer refunds for our Services. All transactions are final.
Section 7 – Ocu Health Care Intellectual Property
The contents of our Platform are protected by United States and international copyright laws. The contents of our Platform are owned exclusively by Ocu Health Care or licensed to us.
You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Platform (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Ocu Health Care.
Ocu Health Care and its name, logos, slogans, or otherwise are trademarks or service marks (“Marks”) of Ocu Health Care. All rights in these Marks are reserved by Ocu Health Care. You may not use any Ocu Health Care-provided Marks or other logos or graphics, without our prior written consent.
We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our Platform. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download anything on our Platform, including the content you receive, except as is necessary to view and/or use our Platform; (b) make any use of our Platform or any and/or all content other than uses consistent with the Services or exploring the Services; (c) modify, reverse engineer or create any derivative works based upon either our Platform or any and/or content you receive; (d) collect account information for the benefit of yourself or another party; or (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of our Platform automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.
Section 8 – Your Content
If you send submissions of any kind, with or without a request from us, including ideas, suggestions, or otherwise, whether online, by email, or otherwise (“Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us. This does not include any confidential or personal information that you send to us (ex – when signing up for our Services).
We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation to you for any Submissions; or (3) to respond to any Submissions. By you submitting Submissions to us, you hereby transfer and assign any claim to any rights that you may have had in those Submissions and do so with full acknowledgment of the same. You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. We take no responsibility and assume no liability for any Submissions submitted by you.
Section 9 – Third Party Content and Third-Party Waiver
You understand that Ocu Health Care may use licensed materials or content on our Platform and that there is no agency relationship between Ocu Health Care and any of these third-party persons or entities, all of whom are separate from Ocu Health Care.
By using the Services and our Platform, you expressly waive Ocu Health Care, our employees, agents, owners, and principals from all liability arising from your use of any content, plans, or services provided by third-parties.
YOU AGREE THAT OCU HEALTH CARE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY CONTENT OF ANY KIND OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OF ALL CONTENT PROVIDED BY A THIRD-PARTY.
Our Platform may contain links to third-party websites or services that are not owned or controlled by us. Ocu Health Care has no control over, and assumes no responsibility for, the content, privacy policies, or business practices of any third-party companies or persons. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Section 10 – Community Guidelines
You are prohibited from using our Services:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; or
- for any obscene or immoral purpose.
We reserve the right to terminate your use of our Services for violating any of these community guidelines.
Section 11 - Copyright Infringement
If you believe that your copyright has been infringed by Ocu Health Care, please immediately send us a notice to ______________________________ with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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.
- 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.
We respond to notices of copyright infringement immediately and take any such allegations seriously. The reported content will be taken down within seventy-two (72) hours of written notice. We do not mediate disputes. However, if content that is alleged to be infringing, in our opinion, has no merit, the content will be placed back on our Platform.
Ocu Health Care prohibits any infringement of intellectual property rights by any user of the Services.
Section 12 – Term & Errors
These Terms will remain active and in full force and effect so long as they are posted on our Platform.
Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, at any time.
Section 13 - Disclaimer
OUR PLATFORM IS PROVIDED ‘AS IS’ AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OCU HEALTH CARE AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES, EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT AND CANNOT GUARANTEE PERFECT AVAILABILITY OF OUR PLATFORM, WHICH MAY BE INACCESSABLE, IN FULL OR IN PART, FROM TIME TO TIME. IN ADDITION, SOFTWARE UPATES, BUGS, OR OTHER ISSUES MAY BE A SOMEWHAT REGULAR OCCURRENCE. BY USING OUR PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT OPERATING AN ONLINE PLATFORM IS LIKE OWNING A LUXURY VEHICLE – UNEXPECTED ISSUES DO ARISE FROM TIME TO TIME AND SHOULD BE EXPECTED. YOU WILL NOT HAVE UNINTERRUPTED SERVICE OF OUR PLATFORM AT ALL TIMES.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF USING OUR SERVICES.
Section 14 – Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT OCU HEALTH CARE RECEIVED IN CONNECTION WITH YOUR SERVICES.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR SERVICES, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH OUR SERVICES, YOU ARE NOT REQUIRED TO CONTINUE TO USE OUR SERVICES. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Section 15 – Indemnification
You agree to defend, indemnify and hold Ocu Health Care, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any claim, action, or demand arising from (i) your use of our Platform; (ii) your breach of these Terms; or (iii) breach of applicable law.
Section 16 – General Provisions
Entire Agreement. These Terms contains the entire agreement between you and Ocu Health Care except for an consents you may have provided in connection with our Platform.
Waiver. The failure by Ocu Health Care to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Ocu Health Care prior written consent.
Relationship. Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and Ocu Health Care.
Applicable Law/Dispute Resolution. This Agreement shall be governed by the laws of the State of __________. Any dispute arising from this Agreement shall be subject to binding arbitration in ___________________________. The prevailing Party in any dispute shall be entitled to recover its/his/her reasonable attorney’s fees and costs. The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division. Ocu Health Care and you agree that any such final decisions may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters are located. Should either party forego arbitration, that party shall be barred from recovering their attorneys’ fees or costs.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Updates. We recommend that you check the Terms periodically for updates.
Section 17 – Privacy Policy
Please refer to our full Privacy Policy which includes information about how we collect, use, and disclose information about you.
If you are a California or Nevada resident, please also review our additional privacy disclosures that are directed towards you.
Section 18 – FTC Disclosures
In connection with our Platform and providing you with the Services: (i) we may run advertisements on our Platform concerning third-parties who may provide us compensation to be advertised on our Platform; and (ii) we may receive compensation if you click one of the links on our Platform.
Section 19 – Questions
If you have any questions or comments regarding these Terms, please feel free to contact us by email at ______________________________.
