Terms & Conditions of Use
By using VisionWeb.com and related services, you and all persons or entities who use the services including, VisionWeb Essential, VisionWeb Enhanced, and VisionWeb Open Network Exchange (collectively the “Services”) on your behalf (the "User") signify your agreement, and the agreement of all persons or entities who use the Services on your behalf, to all of these Terms and Conditions. Use of the Services indicates Users' agreement with all Terms and Conditions stated below.
User warrants and represents that he/she has actual and express authority to bind the entity for which he/she accepts these terms and that her entering into these terms and conditions of use is duly authorized by all necessary and appropriate entity action. VisionWeb may amend these Terms and Conditions of Use at any time by posting the amended terms on the VisionWeb Web site and any such amendments shall be effective immediately. By log in and continued use of the Services, User agrees to periodically review these Terms and Conditions of Use and shall continue to be bound by these Terms and Conditions as modified. These Terms and Conditions of Use may not be otherwise amended.
VisionWeb makes every effort to ensure that all content and images on the Web pages within the Services are reliable, trustworthy and accurate and that all products and services are safe. Content is provided for informational purposes only, and not intended to be a substitute for professional medical advice, diagnosis or treatment. User should not use this information to diagnose or treat a health problem. Please consult the User's healthcare provider for information specific to the User's condition or if a medical problem is suspected. The content provided on the Web pages of the Services is not designed to promote or endorse a particular medical practice, program or agenda. Please report any informational or factual errors to firstname.lastname@example.org. VisionWeb assumes no responsibility for misstatements made by any third party that have not been brought to our attention.
Use of Content
VisionWeb authorizes User to download a single copy of material on the Web pages of the Services solely for personal, noncommercial use. Reproduction or reprinting or these materials is prohibited without the expressed permission of VisionWeb and its officers.
Product and Service Disclaimer
VisionWeb is not responsible for the accuracy of any claims made by the manufacturers, distributors, service provider, and/or suppliers of products or services sold within the Services. Before purchasing or using a product or service sold, advertised or promoted on VisionWeb, User should carefully read all information provided by the manufacturer and consult with his/her healthcare provider. Never disregard professional medical advice or delay in seeking professional medical advice or treatment because of information obtained within the Services. VisionWeb is not responsible for the quality or delivery of products or services purchased within the Services, and makes no guarantees reported by manufacturers, distributors, service providers, and/or suppliers.
User input attests financial responsibility, ability and willingness to pay for all purchases and service charges incurred, in accordance with the agreed upon terms with any VisionWeb supplier and/or service provider, including Emdeon Business Services.
The Services are available only to customers, service providers, distributors, manufacturers, and suppliers who can enter into legally binding contracts under applicable law for legitimate business purposes as further limited below with an e-mail address and one of the browsers specified on the Web pages of the Services. If User does not qualify under the foregoing, User may not use the Services. VisionWeb makes no representation that the materials and services available on the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where they are illegal is prohibited. If User accesses the Services from outside of the United States, he/she does so at her own risk and is responsible for compliance with the laws of her jurisdiction.
VisionWeb Is Strictly A Portal
The Services and the Web pages therein, act as an electronic portal for customers, service providers, distributors, manufacturers, and suppliers. Through our best efforts, information posted on the Web pages of the Service is intended to be accurate but may contain typographical errors. VisionWeb makes no representations about the accuracy, reliability, completeness, or timeliness of information and services contained on, distributed through, or linked, downloaded or accessed from the Web pages of the Services and makes no representations whatsoever about the information posted on the Web pages of the Services or products or services obtained as a result of an advertisement or any other information or offer in or in connection with the Services. VisionWeb is not involved in the actual transaction between customers and service providers, distributors, manufacturers, and suppliers. As a result, VisionWeb has no control over the quality, safety, or legality of the products or services advertised, the truth or accuracy of the listings, the ability of suppliers to sell or provide the products or services, the ability of insurance providers to reimburse claims, or the ability of customers to buy products or services. VisionWeb cannot and does not control whether or not service providers, distributors, manufacturers, or suppliers will complete the sale of products or services they offer or customers will complete the purchase of products or services. In addition, note that there are risks of dealing across national borders, with underage people, or with people acting under false pretense. Because user authentication on the Internet is difficult, VisionWeb cannot and does not confirm that users are who they claim to be. Because VisionWeb does not and cannot be involved in user-to-user dealings, in the event that User has a dispute with one or more other users, User releases VisionWeb (and VisionWeb's agents and employees) from claims, demands, and damages (actual direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
For legal reasons, VisionWeb cannot, nor does VisionWeb try to, control the information provided by other users that is made available through the Services. By its very nature, other users' information may be inaccurate, and in some cases may be misleading. VisionWeb expects that User will use caution -- and common sense -- when using the Services.
In the event that of a dispute with a customers, service providers, distributors, manufacturers, or suppliers, or are in any way damaged as a result of dealings with a customer, service provider, distributor, manufacturer, or supplier, User releases VisionWeb (and its affiliates, agents, officers, directors and employees) from, and covenant not to sue VisionWeb (and its affiliates, agents, officer, directors and employees) for, claims, demands and damages (whether direct, indirect, special, incidental or consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes or dealings.
User's information includes any information User provides to VisionWeb or other users in the registration, listing, buying and selling processes, real-time and claims submission processes, in any public message area, or in any e-mail feature (defined herein as "User's Information"). With respect to User's Information:
(1) User is solely responsible for User's Information, and VisionWeb acts as a passive conduit for User's online distribution and publication of User's Information. However, VisionWeb may take any action with respect to such information VisionWeb deems necessary or appropriate in VisionWeb's sole discretion if VisionWeb believes it may create liability for, or loss to, VisionWeb or other users, or may cause VisionWeb to lose (in whole or in part) the services of VisionWeb's ISPs or other service providers, distributors, manufacturers, or suppliers.
(2) User's Information and User's products or services for sale or resale on the Services: (a) shall not be false, inaccurate, or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation of any jurisdiction (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (f) shall not contain pornography or otherwise be harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; and (h) shall not link directly or indirectly to or include descriptions of products or services:(1) that are prohibited under these Terms and Conditions of Use or the fruits of such prohibited products or services, or (2) to which User does not have a right to link or include. Furthermore, User may not post on the Web pages of the Services or sell through the Services any product or service that could cause VisionWeb to violate any applicable law, statute, ordinance, or regulation of any jurisdiction.
(3) Solely to enable VisionWeb to use User's Information that User supplies to VisionWeb, so that VisionWeb is not violating any rights User might have in that information, User agrees to grant VisionWeb a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights User has in User's Information, in any media now known or not currently known, with respect to User's Information. VisionWeb will use User's Information in accordance with the Services’ then-current privacy principles posted on, and or linked to, the Services, which principles are incorporated herein by reference. VisionWeb may refer to User as a user in sales presentations, marketing vehicles, and marketing activities.
(4) If User chooses to establish a credit account with VisionWeb, VisionWeb shall collect some additional information from User, including billing address, credit card number and expiration date, tracking information from checks or money orders. User shall permit VisionWeb to store this information on the Services and to use this information each time User purchases a product or service through the Services in accordance with the Services’ then-current privacy principles posted on, and or linked to, the Services, which principles are incorporated herein by reference.
VisionWeb expressly reserves the right, in its sole discretion, to change the pricing of all products and services, including products and services re-sold by VisionWeb, from time to time. User grants VisionWeb permission to charge User’s credit card for all services agreed upon by the User. For payments not made by credit card, VisionWeb will issue an invoice on or before the fifth business day of each month, under net 30-day payment terms.
Users continued use of the products and/or services reaffirms that VisionWeb is authorized to charge User accordingly. VisionWeb may submit those charges for payment and User will be responsible for such charges. Those submissions will not waive VisionWeb's right to seek payment directly from User. User charges for VisionWeb Enhanced are monthly in advance, and the charges for any other product and/or service may be payable in advance, in arrears, per usage, or as otherwise described when products and/ or are initially ordered.
Certain services associated with VisionWeb may require the payment of additional fees (including, without limitation, set-up, and/or initial activation and reactivation) and User agrees to pay such fees at the prices then in effect as specified for such service to either VisionWeb or its designated service provider. User agrees that VisionWeb may pass User account information (including, without limitation, credit card number) to its designated service provider of such additional services for their use in charging User for appropriate services rendered.
Subject to any withdrawal right the User may have under applicable law, charges are non-refundable unless the price plan terms expressly say otherwise. Except as otherwise required by law, the costs of any returns if permitted will be at User’s expense.
Service And System Integrity
Service providers, distributors, manufacturers, and suppliers may not manipulate the price of their product or service, either by using a shill (either a secondary account or third party), by bidding themselves, or by any other means. User may not consummate a transaction outside of the Services when the transaction originated on the Services. User may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services. User may not take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure. User may not disclose to or share its Services user name or password with any third parties or use its Services user name or password for any purpose not permitted by these Terms and Conditions of Use. User may not delete or revise any material posted by any other user or entity. User may not decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up part of the Services. User is prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web sites of the Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. VisionWeb will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Ownership Of VisionWeb Services
The Services are the property of VisionWeb and is copyrighted and protected by United States copyright laws. "VisionWeb" is a trademark of VisionWeb, Inc. VisionWeb's trademarks may not be used in connection with any product or service that is not the property of VisionWeb, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VisionWeb. All other trademarks not owned by VisionWeb are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VisionWeb. User may print and download portions of the materials contained on the Web pages of the Services for User's non-commercial use provided User maintains the copyright notice and any other notices that appear on any such copies. Any other copying, redistribution, publication or retransmission of any portion of the materials on the Web pages of the Services is strictly prohibited without the express written permission of VisionWeb. User agrees not to change or delete any proprietary notices from any materials copied from Services. All information generated as a result of establishing or operating the Services shall be the property of VisionWeb and may be sold, distributed or otherwise disseminated by VisionWeb for any purpose whatsoever, provided VisionWeb shall not sell, distribute or otherwise disseminate specific information about User in such a way that would identify User, except to the extent expressly authorized by User. Notwithstanding the foregoing, VisionWeb retains the right to release any User information in compliance with the directive of any court of competent jurisdiction or in compliance with the requirements of any law.
Links To Third-Party Services
The Services may contain links to third-party Web Services that are not under the control or operation of VisionWeb. VisionWeb provides any such links only as a convenience and does not endorse and is not responsible for the contents of any linked Service or any Service linked to or from a linked Service. Please refer to the Terms and Conditions of each third party website to determine the rights and obligations of a user of such website.
Warranties And Exclusive Remedies
The Services and its content are provided on an "as-is" basis. VisionWeb makes no warranties about the accuracy, reliability, completeness, or timeliness of VisionWeb material, services, software, text, graphics, and links. VisionWeb disclaims any and all warranties, whether express or implied, including warranties of title, non-infringement, merchantability and fitness for a particular purpose. VisionWeb does not guarantee that the Services will operate error-free and does not guarantee continuous, uninterrupted, or secure access to the Services, and operation of the Services may be interfered with by numerous factors outside of VisionWeb's control. If VisionWeb cannot correct the problems that cause a breach of VisionWeb's warranty, User may terminate the Services and, as its sole remedy, recover the specific Services transaction fee(s) paid to VisionWeb for the Services giving rise to the breach. This limited warranty gives User specific legal rights, and User may have other rights that vary from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY
IN NO EVENT SHALL VISIONWEB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR DATA USE, INCURRED BY USER OR ANY THIRD PARTY (HOWEVER ARISING, INCLUDING NEGLIGENCE). VISIONWEB'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE FEES ACTUALLY PAID BY USER TO VISIONWEB FOR THE APPLICABLE VISIONWEB SERVICES GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL VISIONWEB BE LIABLE FOR ANY CLAIM, CAUSE OF ACTION, OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) ANY INFORMATION POSTED ON THE WEB PAGES WITHIN THE VISIONWEB SERVICES, OR (B) ANY ARRANGEMENT BETWEEN USERS.
User agrees to defend and hold harmless VisionWeb and its affiliates, officers, directors, agents and employees, against all claims, suits, and proceedings brought by third parties, and will indemnify and hold them harmless from and against any and all related liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys' fees) arising out of, relating to or incurred in connection with (a) the use of User's Information, including any third-party claims alleging infringement of any copyright, trademark or other intellectual property right or alleging libel, defamation or invasion of privacy; (b) any breach of warranty or other provision of this agreement by User; (c) User's involvement in whatever form with any other users, and (d) User's use of the Services.
User agrees to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the products and services of the Services in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, User shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own use of the services of the Services outside the United States. Neither the services of the Services nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, User agrees to the foregoing and represents and warrants that it is not located in, under the control of, or a national or resident of any such country or on any such list.
User acknowledges that the Services marketplace is based in the United States, and that all legal actions between User and VisionWeb that are related to these Terms and Conditions of Use: (a) shall be governed by the laws of the State of Texas, and (b) shall be instituted in a state or federal court in Travis County, Texas U.S.A.; and User further acknowledges that (a) and (b) apply regardless of the governing law and jurisdiction that may be proper for disputes between User and any other user of the Services. User shall comply with all applicable laws, statutes, ordinances, and regulations regarding User's use of the Services and VisionWeb's services. VisionWeb may immediately issue a warning or deny, suspend, or terminate User's membership and any other information User places on the Services if User is ineligible, if User breaches these Terms and Conditions of Use, if VisionWeb is unable to verify or authenticate any information User provides to VisionWeb, or if otherwise in VisionWeb's sole discretion. VisionWeb's failure to act with respect to a breach by User or others does not waive VisionWeb's right to act with respect to subsequent or similar breaches or any of its rights under these Terms and Conditions of Use. User and VisionWeb are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms and Conditions of Use.