Terms of Service

Please see the Spartan Vision Care Consulting Terms of Service.  Included below is our Terms of Use and our Privacy Policy.

SPARTAN VISION CARE CONSULTING, LLC TERMS OF USE AGREEMENT

 

Effective Date: October 14, 2014

 

This website and its associated services and content, which includes its social media pages, (collectively “Website”) is owned and operated by Spartan Vision Care Consulting, LLC (“Spartan Vision”). Spartan Vision has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

 

SPARTAN VISION MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. IN THE EVENT SPARTAN VISION MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

 

  1. Warranties and Representations

 

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older, or if between 13-17 have parental consent, and that you are not a bot, script, or other computer or machine, excluding search engine spiders that comply with Spartan Vision’s robots.txt file. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

 

If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

 

  1. Spartan Vision as Service Provider

 

Spartan Vision is a global management consulting firm and a leading advisor on business strategy for the optical industry and vision care community.  Spartan Vision is a mere service provider and makes no representation as to the value, quality, reliability, safety or authenticity of any third party service or product listed on the Website or as to the effectiveness, adequacy, accuracy, availability, prices, or legality of the information contained on or offered through the Website.

 

  1. No Medical Advice

 

It is not the intention of Spartan Vision to provide medical advice, including diagnosis and treatment related to optical/vision symptoms, complications or health.  Rather, the material contained on this Website is for informational purposes only. The information should not be considered complete or up to date, 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 licensed doctor, physician (including, without limitation, optometrist and ophthalmologist) or other qualified health care provider.  Spartan Vision does not recommend or endorse any specific treatment, tests, physicians, products, procedures, opinions, or other information on the Website, regardless of its highlighting or other means of prioritizing or identifying answers or information from certain users.  Your reliance upon any information provided by Spartan Vision, Spartan Vision contractors and employees, if any, others appearing on this Website at invitation by Spartan Vision, or other visitors or users of this Website is solely at your own risk.  Specific medical advice will not be provided, and Spartan Vision urges you to consult with a qualified doctor, physician or medical professional for diagnosis and for answers to your health-related, including specifically optical/vision, questions.  Nothing contained in the Website is intended to be for medical diagnosis or treatment.  Spartan Vision cannot diagnose, treat, cure or prevent any medical condition. 

 

You understand and agree that the content of this Website does not contain or constitute representations to be reasonably relied upon, and you agree to hold Spartan Vision harmless for any errors, omissions, or misrepresentations contained within the Website's content.

 

  1. Ownership of Website and License

 

You acknowledge and agree that Spartan Vision is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Spartan Vision. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with Spartan Vision’s robots.txt file.

 

Spartan Vision hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes, namely personal use only.  Use of the Website for a use outside of its customary and intended purposes, such as for commercial purposes, or in violation of the terms of this Agreement will result in the termination of this license.  Absent prior written permission from Spartan Vision, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to Spartan Vision. 

 

  1. Trademarks

 

All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners.  The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Spartan Vision. You are prohibited from using Spartan Vision’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services, whether in a domain name, meta tag, trade name, trademark, service mark, pay per click advertising, or otherwise, without the prior written consent of Spartan Vision.  Spartan Vision’s trademarks include, without limitation, SPARTAN.   

 

  1. User Generated Content

 

Spartan Vision may provide you with the ability to submit user generated content to or through the Website, which may include but is not limited to posts in an online forum or social media blog that can include text questions and comments, links to third party content, such as articles, photos, videos, instructions/tutorials, designs, and other information and content (collectively “User Generated Content”). You agree that you are the owner of, or have rights to, any and all User Generated Content submitted.  Except as otherwise licensed herein, you own all rights in and to your User Generated Content. You further warrant that any User Generated Content that you submit to the Website will not violate or infringe upon the rights of third parties, including, but not limited to, trademark rights, copyright rights, patent rights, rights of publicity and privacy, and any other intellectual property right, personal right, or proprietary or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

 

By submitting User Generated Content to the Website, you grant Spartan Vision a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated products and services and archiving or making backups of the Website as well as for advertising purposes. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

 

This provision shall survive any termination of this Agreement for the maximum period permitted under applicable law. 

 

  1. Registration and Profile

 

Spartan Vision may provide you with the ability to register for the Website and create a profile.  In doing so, You will provide information, including that set forth in the Privacy Policy incorporated into this Agreement, regardless of the method through which you join the Website, including, without limitation, via client login page on the Website, newsletter, Contact Us form or social media. 

 

You shall not pay a fee for registration, however You may have to pay a fee in order to access or use additional services associated with the Website, to purchase products through the Website or retain services identified on the Website from Spartan Vision.

 

You may only use your registration account and you are expressly prohibited from providing additional parties with access your account and/or profile. You agree that, in registering and creating a profile, you will provide Spartan Vision with accurate, complete, relevant, and current information, and maintain the same. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your account and/or profile, whether authorized or unauthorized. In the event either is accessed without your authorization, you agree to immediately provide notice to Spartan Vision.

 

By registering an account and creating an account, you agree that Spartan Vision may contact you by any available means, including, but not limited to, by email, telephone, fax, text messages, push notifications or messages within the Website.

 

  1. Payment

 

In the event that you submit a payment to Spartan Vision via its Website, all costs and fees are quoted and payable in United States Dollars and are subject to change.  You agree that any and all payments through the Website will be made and sent via PayPal, or any other payment method permitted by Spartan Vision, within Spartan Vision’s sole and absolute discretion. You agree to pay all applicable taxes, duties, levies or charges imposed by any governmental entity anywhere in the world.

 

Spartan Vision hereby incorporates PayPal’s policies and terms, including specifically its payment dispute process, into this Agreement and you agree to abide by the same.  In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Spartan Vision, in writing, within ten (10) days of any such dispute. You understand that your failure to notify Spartan Vision of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment. You further agree that you will not initiate any chargebacks to Spartan Vision unless otherwise authorized by Spartan Vision in writing. You agree that you will pay any costs associated with any chargebacks initiated as well as all costs and expenses of collection, including legal fees, incurred by Spartan Vision in the event of failure to make any payment. 

 

  1. Prohibited Uses

 

You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

 

Specifically, you are prohibited from, without limitation:

 

  1. Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the Website;
  2. Suggesting an affiliation with or endorsement by Spartan Vision;
  3. Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18;
  4. Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices;
  5. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  6. Circumventing Spartan Vision’s technological or security protection mechanisms;
  7. Using a script, robot, spider, scraper, or other automated technology to access the Website;
  8. Attempting to gain access to the private data or personal information of a user of the Website or a third party;
  9. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
  10. Harassing and/or stalking a third party through your use of the Website;
  11. Impersonating another or creating multiple alias accounts;
  12. Using the Website in furtherance of any unlawful sexual solicitation;
  13. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
  14. Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;
  15. Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, or otherwise harmful;
  16. Posting or transmitting content that incites any illegal activity;
  17. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
  18. Posting or transmitting content that violates any term or condition of this Agreement; or
  19. Posting or transmitting content, or using the Website in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international.

 

Your violation of any term or condition of this section may result in the immediate termination of your registration account and Profile and the disabling of your access to the Website.

 

  1. Section 230 of Communications Decency Act

 

You acknowledge and agree that Spartan Vision is an interactive computer service provider under Section 230 of the Communications Decency Act. Spartan Vision does not develop, select, require or encourage defamatory statements.  Though Spartan Vision may review, edit, remove, or control the content displayed through the Website, you agree that Spartan Vision will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

 

  1. Third Party Links

 

You understand that the Website, including User Generated Content, may contain links to third party websites, applications, or services that Spartan Vision does not own or control. You agree that Spartan Vision will not be held responsible or liable for the content of third party websites, applications, products or services and that Spartan Vision’s inclusion of those websites, applications, or services within its Website does not constitute Spartan Vision’s endorsement of, recommendation of, or affiliation with any of those websites, applications, products or services.

 

  1. Endorsement

 

Spartan Vision does not endorse or recommend any commercial product, process, or service, regardless of its highlighting or other means of prioritizing or identifying answers or other information from certain users.  The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Spartan Vision and are not intended to be used for advertising or product endorsement purposes.

 

  1. Term and Termination

 

This Agreement will remain in full force and effect so long as the Website is in operation.  Spartan Vision may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

 

  1. Disclaimer of Warranties

 

SPARTAN VISION DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS AND SERVICES ACCESSED OR PURCHASED, IF ANY, THROUGH THE WEBSITE. SPARTAN VISION PROVIDES THE WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

 

SPARTAN VISION WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO USER GENERATED CONTENT, ANY ADVICE PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. SPARTAN VISION IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ATTORNEY ACCOUNT, OR ALTERATION THEREOF. SPARTAN VISION RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

 

  1. Limitation of Liability

 

SPARTAN VISION WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT SPARTAN VISION CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO SPARTAN VISION, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

 

SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

 

  1. Indemnification

 

You agree to hold harmless, indemnify, and defend Spartan Vision, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services purchased through the Website, your reliance upon advice provided through the Website, your submission of or use of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

 

Your obligation to defend Spartan Vision under the terms of this Agreement will not provide you with the right to control Spartan Vision’s defense, and Spartan Vision reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend Spartan Vision.

 

  1. Assignment

 

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Spartan Vision may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

 

  1. Resolution of Disputes and Governing Law

 

This Agreement will be interpreted under and governed by the laws of the State of Texas  without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Spartan Vision will be exclusively resolved through arbitration.

 

YOU AND SPARTAN VISION AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM SPARTAN VISION, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN DALLAS, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND SPARTAN VISION AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF TEXAS. YOU AND SPARTAN VISION AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

 

  1. Severability

 

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

 

  1. Integration

 

This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Spartan Vision. In the event of a conflict between this Agreement and any other into which you enter with Spartan Vision, the terms of any other agreement will govern, and the order of preference will be (1) your other written and signed Agreement and then (2) this Agreement.

 

  1. No Waiver

 

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

 

  1. Child Online Privacy Protection Act

 

The Website is not directed to persons under the age of thirteen (13) and Spartan Vision will not knowingly collect personally identifiable information from children under the age of thirteen (13). If Spartan Vision inadvertently collects personally identifiable information, Spartan Vision will delete the personally identifiable information in accordance with its security protocols.

 

  1. Limitation On Actions

 

SPARTAN VISION AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

 

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

 

  1. Reservation of Rights

 

All rights not expressly granted herein are reserved to Spartan Vision.

 

  1. Privacy Policy

 

Spartan Vision hereby incorporates its Privacy Policy to these Terms of Service.

 

  1. Copyright Policy

 

Spartan Vision’s Website and its associated content and services are © 2014 Spartan Vision Care Consulting, LLC.

 

Spartan Vision respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party's intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Spartan Vision as owner or authorized licensee and are protected by copyright and other intellectual property laws.

 

By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

 

If you believe that a user of Spartan Vision’s Website has infringed upon your copyright rights, please provide Spartan Vision with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Spartan Vision receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Spartan Vision will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Spartan Vision with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

 

The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:

 

  1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work(s) alleged to have been infringed;
  3. The location of the copyrighted work(s) on the Website;
  4. Your contact information, such as an address, telephone, fax number, or email address;
  5. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

 

Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

 

  1. Identification of the specific materials that have been removed from the Website;
  2. Your contact information, such as an address, telephone, fax number, or email address;
  3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
  4. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Texas;
  5. A statement that you will accept service of process from the notifying party; and
  6. Your physical or electronic signature.

 

Notifications of copyright infringement and counter-notifications may be submitted to Spartan Vision’s Copyright Agent: Steve Koufos, Spartan Vision Care Consulting, LLC, 400 E. Royal Lane, Suite 290, Irving, Texas 75039 ; with a copy via email to generalcounsel@spartanvision.com

 

  1. Notice

 

Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:

           

            Spartan Vision Care Consulting, LLC

            Attn: General Counsel

              400 E. Royal Lane, Suite 290

            Irving, Texas 75039

 

A copy of any such notice must be emailed to generalcounsel@spartanvision.com, but email notice alone shall not comply with the notice requirements of this Agreement.

SPARTAN VISION CARE CONSULTING, LLC PRIVACY POLICY

 

Effective Date: October 14, 2014

 

This website and its associated services and content, which includes its social media pages, (collectively “Website”) is owned and operated by Spartan Vision Care Consulting, LLC (“Spartan Vision”).   Spartan Vision has adopted this Privacy Policy (“Privacy Policy”) to inform you that it collects personal, personally identifiable, and non-personal information when you use the Website and to explain how this information is used and shared with third parties, if at all.  Spartan Vision has also adopted this Privacy Policy because it respects your privacy and believes that it should clearly and transparently disclose its privacy practices to you.  You should contact Spartan Vision directly with any questions or concerns.  Note that this Privacy Policy applies only to information collected through the Website, as defined above, and not to information collected offline.

 

SPARTAN VISION MAY CHANGE, MODIFY, AMEND, SUSPEND, TERMINATE, OR REPLACE THIS PRIVACY POLICY FROM TIME TO TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION.  IN THE EVENT SPARTAN VISION CHANGES, MODIFIES, AMENDS, OR REPLACES THIS PRIVACY POLICY, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE.  YOUR CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE OF THIS PRIVACY POLICY CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE CHANGE, MODIFICATION, AMENDMENT, OR REPLACEMENT CONTAINED WITHIN.

 

1. Spartan Vision may collect the following personal and personally identifiable information from you:

 

1)First and last name;

2)Email address;

3)Physical address;

4)Phone number;

5)Payment information, including, without limitation, credit/debit card or PayPal payment information;

6)Any information that you voluntarily submit to the Website, for example, without limitation, information associated with the social media account you may use to register and log into the Website, including, without limitation, your Facebook, LinkedIn, Manta, Google+, Yext, or other social media account (including your associated public profile information, profile photo, name and email address, and may also include gender, birth date, county, language, time zone, career experience, work history and skills, education, professional recommendations, connections and friends, status updates, interests, and website), and additional information you include in your account profile, information you post in a blog or status update comment, information you include in a communication to Spartan Vision or to other users, any ideas you create and submit through the Website, and any information you include in a comment or in edits as feedback to another user’s idea; and

7)Other required account or other information to utilize the service.

 

To log in to the Website and/or your account, you may use social media accounts, as permitted by Spartan Vision.  Spartan Vision does not collect or store your username or password information directly.  These social media services and third party service providers used by Spartan Vision (including 1&1 Internet Inc.) have their own independent privacy policies governing the use of this information and we encourage you to read those privacy policies carefully.  Spartan Vision has no responsibility or liability for the activities of the third party service providers used by Spartan Vision to provide you with the services associated with the Website and Spartan Vision expressly reserves the right to utilize third party service providers for purposes of collection, storage, analysis and sharing of certain information.

 

2.  Spartan Vision may also collect the following additional information from you:

 

1)Your IP address;

2)Your browser and search engine information;

3)Your visitor history;

4)Your usage of the Website, including, without limitation, any links or items clicked or pages viewed and statistics;

5)Information stored in cookies, pixel tags, or web beacons;

6)Analytic data from Google Analytics and/or webhost (1&1 Analytics); and

7)Any other additional analytic data that you voluntarily submit to the Website.

 

Spartan Vision may collect this information from you through various channels, including, but not limited to, through your voluntary submission of information to the Website, through requests initiated by you through the Website, through communication with third parties (such as PayPal and Facebook), through the collection and analysis of information concerning your computer and browsing activities, through the use of cookies, web beacons, pixel tags, Google Analytics, and through other sources permitted by law.  Cookies are small files that are transferred to your computer’s hard drive through your web browser that allow the Website to recognize your browser and capture and remember certain information.  Spartan Vision uses cookies for account administration.  We use cookies to understand and save your account preferences for future visits.  Pixel tags/web beacons are pieces of code on a webpage to allow websites to read and place cookies, among other things, with the resulting connection including information such as an IP address.  We use pixel tags consistent with the terms of this Privacy Policy.

 

3.  Spartan Vision uses this personal or personally identifiable information in the following ways:

 

Provide you with the Website and customize the content and/or layout of the Website for individual visitors, communicate with you, identify and fix problems with the Website, update you on changes to the Website, communicate with you concerning your account and to respond to any of your inquiries and/or other requests, to complete a transaction you initiated and to process payment for any transaction, and to update you on Spartan Vision’s services offered through the Website or the services of third parties.

 

You further authorize the following specific uses:

 

  1. enable your use of the Website and associated services;
  2. improve algorithms;
  3. measure service usage;
  4. publish summaries online or offline;
  5. develop new features;
  6. contact and communicate with you, whether through email, telephone, fax, text messages, push notifications or messages within the Website;
  7. customize and/or tailor the Website and your user experience, which may include targeted selection and display of third party advertisements within the Website (i.e. behavioral advertising);
  8. aggregate certain information that does not include your personal information and disclose it for analysis, demographic profiling and/or targeted advertising;
  9. advertise products and services of Spartan Vision;
  10. provide you with information or services that may be of interest to you;
  11. transmit and process your information and actions within the Website;
  12. provide statistical information, and include you in the same, where applicable;
  13. provide you with technical service and support, including updates;
  14. provide you with information concerning Spartan Vision’s benefits or services;
  15. store, archive, retrieve, and make copies of your User Generated Content;
  16. understand your needs and requests;
  17. communicate promotions or other offers;
  18. process payments;
  19. prevent and detect illegal activities or violations of your Terms of Use;
  20. combine your personal and personally identifiable information with information from other Spartan Vision applications and/or services;
  21. promote mobile applications or other applications Spartan Vision develops; and
  22. facilitate your use of the Website, its upgrades, or its replacements.

 

This content from your information may be displayed on the Website, and Spartan Vision may further distribute your information to a wider audience through third party sites and services as long as they comply with or such distribution is consistent with this Privacy Policy.

 

Advertisements appearing on the Website may be delivered to you by Spartan Vision or one of our web advertising partners. This privacy statement only covers the use of cookies and pixel tags by Spartan Vision and does not cover such use by any of its advertisers.  

 

4. Spartan Vision stores your personal or personally identifiable information in the following manner:

 

Your information is stored and processed on computers that may be outside of the United States and, through your use of the Website, you unequivocally consent to the processing and storage of your information internationally and within the United States.  You understand and agree that Spartan Vision may continue to store your information after you cease use of the service or disable your account.    

 

Spartan Vision uses commercially reasonable and standard technology to help prevent against the unauthorized disclosure of your information.  Though we undertake commercially reasonable efforts to protect your information, no website or online service is completely safe.   Accordingly, you provide all such personal or personally identifiable information at your own risk. 

 

5. Spartan Vision may share your personal or personally identifiable information with third parties in the following circumstances:

 

  1. Where Spartan Vision has obtained your consent, including when you voluntarily direct Spartan Vision to share your ideas with other users;
  2. Where sharing or disclosure of your personal or personally identifiable information is necessary to provide you with the Website and/or associated services (We may share your personal or personally identifiable information with trusted third parties who assist us in operating the Website, providing the associated services, and conducting our business, but we require such trusted third parties to agree to keep your information confidential.);
  3. Where sharing or disclosure of your personal or personally identifiable information is necessary to share personal or personally identifiable information with Spartan Vision’s parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners;
  4. Where Spartan Vision has been purchased by a third party;
  5. Where sharing or disclosure of your personal or personally identifiable information is necessary to respond to requests by government authorities;
  6. Where your personal or personally identifiable information is demanded by a court order or subpoena;
  7. Where sharing or disclosure of your personal or personally identifiable information is needed to protect the employees, independent contractors, officers, directors, members, users, or owners/shareholders of Spartan Vision;
  8. Where sharing or disclosure of your personal or personally identifiable information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty; and
  9. Where Spartan Vision is otherwise legally obligated to share your personal or personally identifiable information.

 

You understand and agree that Spartan Vision may specifically share some of your information with payment processors, such as PayPal, and other third party service providers, such as its webhost or social media providers, in order to complete the services offered through the Website.

 

6. Purchase or sale of the Website, associated services, or other assets:

 

Spartan Vision may purchase other businesses or sell components of its business, including, but not limited to, the Website and associated services.  In the event Spartan Vision purchases another business or sells any component of its business, your personal and personally identifiable information will continue to be used consistent with the terms of this Privacy Policy.

 

7. You may stop Spartan Vision from collecting your personal or personally identifiable information by:

 

Adjusting your web browser settings, limiting cookies, terminating your account, or by ceasing your use of the Website.  Please note that it is possible that some areas of the Website will not function properly when you view them if you adjust your web browser settings to limit cookies.  You will be unable to register an account or to purchase services through the Website.  Spartan Vision’s goal in using cookies is to make your experience with Spartan Vision and the Website more convenient and personalized.  Spartan Vision does not honor Do Not Track browser signals. 

 

You may contact Spartan Vision with any requests regarding your information, including requests to correct inaccuracies, by writing to us or emailing us at the addresses below.  Spartan Vision reserves the right to act or not act upon such requests. You may make any changes to your information at any time by logging into your account and editing your information.

 

You may also opt out of receiving certain email communications by writing to Spartan Vision or emailing us at the addresses below or by following an Opt-Out link provided in any such communication. 

 

8. When using the Website, you are obligated to:

 

Inform Spartan Vision of any changes to your personal or personally identifiable information, and protect the security of your user account, and your social media accounts and personal or personally identifiable information.

 

9. California Residents

 

California residents have the right to receive information that identifies any third party companies or individuals that Spartan Vision has shared your Personal Information within the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party.

 You may obtain this information once a year and free of charge by contacting Spartan Vision at the address below.

 

10. Children’s Online Privacy Protection Policy

 

The Website is not intended for or directed to users under the age of eighteen (18).  Spartan Vision is in compliance with the requirements of the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506, and does not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors.  If you are concerned that personal information may have been inadvertently provided to or collected by Spartan Vision, please contact us immediately so appropriate steps may be taken to remove such information from Spartan Vision’s database.

 

11. Third party services and third party links

Spartan Vision may outsource or subcontract some of our technical support, tracking and reporting functions, payment processing functions, and other services to third parties. We may share information from or about you with them so that they can perform their services as long as they comply with this Privacy Policy.  You understand and agree that Spartan Vision will not be held responsible for any third party communications sent by entities that Spartan Vision does not own or control or for any third party links (including advertisements).  You are encouraged to review any third party privacy policies before utilizing any such third party service.

Spartan Vision may include or offer third party products or services on the Website and provide third party links to the same.  These third party websites have separate and independent privacy policies.  Spartan Vision has no responsibility or liability for the content and activities of such third parties and their websites.  We encourage you to read carefully the privacy policies of all such third party websites.  We seek to protect the integrity of the Website and therefore welcome any feedback about any such third party websites.

 

12. Contact and Notices

 

All questions and concerns regarding this Privacy Policy may be submitted to Spartan Vision at the following location:

 

      Spartan Vision Care Consulting, LLC

      Attn: General Counsel

      400 E. Royal Lane, Suite 290, Irving, Texas 75039

     generalcounsel@spartanvision.com  

Contact Us Today!

To schedule an appointment or find out more about the services we offer, please call:

+1.214.717.5625 Local

+1.888.393.5656 T-Free 

 or send us an email.

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