Terms of Service

These Terms of Use are effective as of December 22, 2015.

These Terms of Use are between you and Better Vision Institute and its affiliated entities (“BVI”, “we” or “us”). These Terms of Use apply to BVI’s websites, mobile websites, social media sites, mobile applications and other digital platforms where they are posted, and set forth the terms and conditions upon which BVI makes available the website, mobile website, social media site, mobile application or other digital platform, and its contents, products and services (collectively and individually, the “Digital Services”) to you. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE DIGITAL SERVICES. BY USING OR BROWSING THE DIGITAL SERVICES OR BY CHECKING A BOX OR OTHERWISE INDICATING YOUR ASSENT TO THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE MOST RECENT VERSION OF THE TERMS OF USE AND THAT YOU AGREE TO ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE DIGITAL SERVICES. We may amend these Terms of Use at any time by posting a revised version on the Digital Services. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change (as defined below), we may provide you with thirty (30) days’ prior notice of any Substantial Change by posting notice on the home page of the applicable Digital Services. Where appropriate, such as where you have set up an account, you may be asked to check a box that you agree to such revised version of the Terms of Use when you sign into your account. “Substantial Change” means a change to the terms of these Terms of Use that reduces your rights or increases your responsibilities. This is an important document that you must consider carefully when choosing whether to use the Digital Services. Please be advised: These Terms of Use contain provisions that govern how claims you and BVI have against each other are resolved (see Section 17 “Disputes with BVI” below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to confidential, binding and final arbitration. You will only be permitted to pursue claims against BVI 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 monetary, injunctive, and declaratory relief) on an individual basis. Portions of the Digital Services provide general information about vision, vision care and vision correction. This information is not intended to be a source of or substitute for medical advice. Use of the information provided is at your sole risk. If you suspect that you have a vision problem or medical condition requiring attention, contact a qualified professional as soon as possible.

  1. Privacy. BVI’s use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms of Use.
  2. Registration, Password and Security. Whenever you provide us with information, you agree to: (i) provide true, accurate, current and complete information and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to the Digital Services and refuse any and all current or future use of the Digital Services (or any portion thereof).
  3. License. Conditioned upon your acceptance of these Terms of Use, BVI grants you a limited, revocable non-exclusive license to access, use and display the Digital Services. You may download and print the material on the Digital Services and use and display the Digital Services solely for your non-commercial personal use, and for no other purposes unless specifically and expressly stated otherwise by BVI. BVI mobile applications are subject to the additional license terms and conditions set forth in Section 20 “Mobile Applications” below. BVI reserves all rights in and to the Digital Services (including, but not limited to BVI mobile applications) not expressly granted to you under these Terms of Use.
  4. Online Community. The Digital Services may offer opportunities to provide ratings, reviews, participate in an online forum, blog or other service (collectively, the “Online Community”) in which your comments are available to other users of the Online Community. You must be 18 to participate in our Online Community. If you choose to participate in our Online Community, as allowed for the particular Online Community, you may (i) post truthful and accurate ratings, reviews, comments, photos, and other content; (ii) send emails and other communications; and (iii) submit suggestions, ideas, comments, questions or other information (collectively “Online Content”), so long as the Online Content does not violate these Terms of Use, is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, email addresses, URLs, phone numbers, physical addresses or other forms of contact information, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Online Content. Your conduct should be guided by common sense and basic etiquette. If you were provided with a product, prize or compensation by or on behalf of BVI, you must disclose this fact in all Online Content. You must also disclose if you are an employee, vendor, supplier or are otherwise connected to BVI or one of its affiliates if you are writing about any product or service of BVI in your Online Content. Any opinions, advice, statements or other information provided or made available by third parties in the Online Community are those of the respective authors and not of BVI. You agree that you are responsible for any Online Content that you post or submit that you make, and for any consequences thereof. BVI has the right, but not the obligation, to monitor, edit, to not post and/or to remove any Online Content. By submitting Online Content, I am waiving the benefit of any provision of law known as “moral rights” or similar laws.
  5. License for Online Content and Indemnity. If you do post or submit Online Content, and unless we indicate otherwise, you hereby grant BVI a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media or format, now known or hereinafter devised. You hereby grant BVI and its sublicensees the right to use the screen name or other name that you submit in connection with such Online Content, if we or they choose. You represent and warrant that you own or otherwise control all of the rights in and to the Online Content that you post or submit; that the Online Content is accurate; that use of the Online Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify and hold harmless BVI for all claims resulting from Online Content that you post or submit. BVI takes no responsibility and assumes no liability for any Online Content posted by you or any third party.
  6. Prohibited Conduct. You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the Digital Services. However, should you do so, you hereby grant to BVI a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use the content of such communication in any manner whatsoever. You also agree not to: (i) access or attempt to access any information, documents or material that you are not authorized to access through any means not intentionally made available through the Digital Services; (ii) disrupt or interfere with the security of, or otherwise cause harm to, the Digital Services, including, without limitation, systems resources, accounts, passwords, servers or networks connected to or accessible through the Digital Services or any affiliated or linked websites, applications, materials, documents, or services; (iii) access or use the Digital Services in any manner that could damage, disable, overburden or impair any BVI server and/or server used by BVI in connection with the Digital Services or any network(s) connected to any BVI server and/or server used by BVI in connection with the Digital Services; (iv) use any material or documents in any manner that infringes any intellectual property rights or other rights of BVI or any third party; (v) transmit unsolicited or bulk communications to any BVI account holder or to any BVI affiliated e-mail address; (vi) post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (vii) create a false identity for the purpose of misleading others; (vii) disrupt, interfere or inhibit any other user from using and enjoying the Digital Services or other affiliated or linked websites, applications, material, documents or services; (ix) violate any applicable laws or regulations related to the access to or use of the Digital Services, and/or any portion thereof, and/or engage in any activity prohibited by these Terms of Use; (x) prepare, compile, use download or otherwise copy any user information and/or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (xi) engage in any chain letters, contests, junk e-mail pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (xii) violate the rights of BVI or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; (xiii) use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Digital Services or otherwise monitor or copy any portion of the Digital Services; and/or (xiv) use any BVI domain name as a pseudonymous return email address.
  7. Shipping. Delays resulting from the carrier will be handled in a timely manner but are not the responsibility of BVI. Failure to correctly input your address or input any part of your address will cause delays in your shipment. BVI reserves the right not to refund or exchange products that were shipped to an incorrect address or an address that was missing information consequently making them undeliverable.
  8. Product Descriptions. We have made every effort on the Digital Services to display the dimensions, features and colors of our products as accurately as possible. However, the colors you see in our products will depend on your monitor or other display and we cannot guarantee that colors will be accurately displayed. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free.
  9. Typographical Errors. In the event that a product or service listed on the Digital Services is mistakenly listed at an incorrect price, BVI reserves the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. BVI reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BVI will issue a credit to your credit card account in the amount of the incorrect price paid.
  10. Links to other Websites. The Digital Services may contain links to other websites and digital platforms not operated by BVI. The links are provided for your convenience. The inclusion of any links to other websites or digital platforms does not imply endorsement by BVI of those sites or platforms, or their contents. BVI is not responsible for the contents, links or privacy of any linked website or digital platform. Access to any other websites or digital platforms linked to the Digital Services is at your own risk.
  11. Links to the Digital Services. You are expressly prohibited from framing or linking or otherwise using or displaying the Digital Services in such a manner so that it appears to be part of your own or someone else’s website or digital platform. You shall not deep link to or scrape any page on the Digital Services or otherwise link in a manner that bypasses the Digital Services home page, and you shall not harvest email addresses from the Digital Services.
  12. Copyrights and Trademarks. BVI and other marks, logos, graphics, and trade dress used on the Digital Services are BVI’s trademarks or the trademarks of third parties, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All the materials and content contained on the Digital Services are copyrighted except where explicitly noted otherwise and are protected under national laws and international treaties throughout the world. The Digital Services may also contain material that is subject to the copyright rights of third parties.
  13. Digital Millennium Copyright Act Notice. BVI respects the intellectual property rights of others, and asks you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Digital Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Digital Services where the material that you claim is infringing is located; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. BVI’s designated agent for notice of copyright infringement is: Attn: Associate General Counsel
    Better Vision Institute
    225 Reinekers Lane, Suite 700
    Alexandria, VA, 22314
  14. Disclaimer. THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BVI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE DIGITAL SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND NON- INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. FURTHER, BVI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES, WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED. BVI IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES. YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES.APPLICABLE LAW MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE, SO THE ABOVE EXCLSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  15. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL BVI, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND SUPPLIERS BE RESPONSIBLE OR LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES (INCLUDING, WITHOUT LIMITATION, CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES) AND/OR BVI’S SERVERS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR UNAUTHORIZED ACCESS TO OR USE OF THE DIGITAL SERVICES OR BVI’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BVI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE DIGITAL SERVICES AND/OR SERVICES PERFORMED OR PROVIDED BY OR RELATED TO THE DIGITAL SERVICES, IS TO STOP USING THE DIGITAL SERVICES.APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
  16. Export Restrictions. Any software and all underlying information and technology downloaded from the Digital Services (collectively the “Software”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws, both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
  17. Disputes with BVI. You and BVI agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
    1. Contact BVI First. If a dispute arises between you and BVI, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Please contact us regarding disputes between you and BVI related to the Digital Services, including, without limitation, its products and services.
    2. Applicable Law. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and BVI, except as otherwise stated in these Terms of Use. You understand that the Digital Services are directed only to residents of the United States.
    3. Agreement to Arbitrate. You and BVI each agree that any and all disputes or claims that have arisen or may arise between you and BVI, EXCEPT FOR A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, BVI’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS, shall be resolved exclusively through confidential, final and binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
      1. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND BVI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BVI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER BVI DIGITAL SERVICES USERS.
      2. Arbitration Procedures. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or BVI may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and BVI subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or BVI, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
      3. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
      4. Severability. With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then with respect to actions that would have been covered by subsection (a), the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms of Use, including all other provisions of Section 17 (Disputes with BVI), will continue to apply.
    4. Future Changes to the Agreement to Arbitrate. Notwithstanding any provision in the Terms of Use to the contrary, you and BVI agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against BVI prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms of Use, any such termination shall not be effective until thirty (30) days after the version of the Terms of Use not containing the Agreement to Arbitrate is posted to the Digital Services, and shall not be effective as to any claim that was filed in a legal proceeding against BVI prior to the effective date of termination.
    5. Future Changes to the Agreement to Arbitrate. Notwithstanding any provision in the Terms of Use to the contrary, you and BVI agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against BVI prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms of Use, any such termination shall not be effective until thirty (30) days after the version of the Terms of Use not containing the Agreement to Arbitrate is posted to the Digital Services, and shall not be effective as to any claim that was filed in a legal proceeding against BVI prior to the effective date of termination.
    6. Claims and Disputes Must Be Filed Within One Year. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Digital Services, including, without limitation, any Digital Services related product, services, Online Content or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors and assigns.
    7. Indemnity. You agree to indemnify and hold harmless BVI, its employees, officers, representatives, suppliers and service providers from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (i) your use of the Digital Services, including, without limitation, any Digital Services related service or content on the Digital Services, including, without limitation, any information you provide to BVI, Online Content or content submitted or transmitted by you via the Digital Services; (ii) any use of any password chosen by or issued to you; (iii) any information you download or access from or through the Digital Services; (iv) your interference with the operation of the Digital Services; and (v) any violation by you of these Terms of Use, any rights of any other person or entity, or any applicable laws, rules or regulations.
    8. Waiver. No delay or failure by BVI to enforce any of the Terms of Use shall be a waiver of any of our rights under these Terms of Use.
  18. Entire Agreement. These Terms of Use are the entire understanding and agreement between BVI and you with respect to the subject matter hereof.
  19. General. The invalidity or unenforceability of any provision(s) of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Use is found to be invalid or unenforceable, these Terms of Use shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The headings used in these Terms of Use are for convenience only, are not a part of this agreement, and do not affect the interpretation of any of the provisions of these Terms of Use.
  20. Mobile Applications. BVI mobile applications are subject to the following additional terms:
    1. Apple® (“Apple”) Mobile Devices (including iPhone®, iPad®, and iPod touch® mobile digital devices). By downloading, installing, or using an BVI mobile application available through the App StoreSMstore for your Apple mobile device (the “Licensed BVI Application for iOS”), you agree that your use of such Licensed BVI Application for iOS is subject to and governed by the Apple Terms and Conditions (available at http://www.apple.com/legal/internet-services/itunes/us/terms.html#APPS), including the Licensed Application End User License Agreement. In addition, you agree that BVI and its vendors and service providers may collect, store, and use information obtained from you or your device, including without limitation, geolocation information and information related to push notifications, to provide services related to the Licensed BVI Application for iOS. The rights conferred and obligations imposed by the Apple Terms and Conditions are in addition to, and not in lieu of, the rights and obligations established by these Terms of Use, and the Apple Terms and Conditions and these Terms of Use shall be interpreted, to the extent possible, so that there is no conflict between them. If there is any conflict between the Apple Terms and Conditions and these Terms of Use, the Apple Terms and Conditions will control with respect to your use of a Licensed BVI Application for iOS, except that Section 17 of these Terms of Use (including, without limitation, the applicable law provision in Section 17.2) shall govern any dispute between you and BVI.
    2. Android™ Mobile Devices. By downloading, installing or using an BVI mobile application through the Google Play™ store for your Android mobile device (the “Licensed BVI Application for Android”) you agree that your use of such Licensed BVI Application for Android is subject to and governed by the Licensed BVI Application for Android End User License Agreement set forth below. In addition, you agree that BVI and its vendors and service providers may collect, store, and use information obtained from you or your device to provide services related to the Licensed BVI Application for Android. LICENSED BVI APPLICATION FOR ANDROID
      END USER LICENSE AGREEMENT
      1. License; Scope. The Licensed BVI Application for Android is licensed, not sold, to you. Subject to your prior acceptance of this Licensed BVI Application for Android End User License Agreement (“EULA”), you are granted a limited, nontransferable license to use the Licensed BVI Application for Android on any Android mobile device that you own or control and as permitted by the usage rules set forth in the Google Play Terms of Service (available at: https://play.google.com/intl/en_us/about/play-terms.html). You may not lease, lend, sell, transfer, distribute, or sublicense the Licensed BVI Application for Android. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed BVI Application for Android or any part thereof, and any attempt to do so may subject you to prosecution and damages; provided, that such restrictions shall not apply to the extent i) prohibited by applicable law, or ii) permitted by the license terms governing use of any open-source components included with the Licensed BVI Application for Android. You agree that the terms of this EULA will apply to each Licensed BVI Application for Android you license and any updates to the Licensed BVI Application for Android provided by BVI, unless such update is accompanied by a separate license, in which case the terms of that license will govern.
      2. Term and Termination. This license is effective until terminated by you or BVI. Your rights under this license will terminate automatically without notice from BVI if you fail to comply with any term(s) of this EULA. Upon termination of this license, you shall cease all use of, and destroy all copies of, the Licensed BVI Application for Android.
      3. External Services; Disclaimer. The Licensed BVI Application for Android may enable access to services and websites provided by BVI and/or third parties (collectively and individually, “External Services”). Use of External Services requires Internet access and use of certain External Services may require you to agree to additional terms. Medical information provided by the Licensed BVI Application for Android or any External Service is for general information purposes only and should not be relied upon for medical diagnostic or treatment advice. Location information provided by the Licensed BVI Application for Android or any External Services is for general information or basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage, or other harm. Neither BVI, nor its agents, nor any of its licensors or content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of medical information, stock information, location information or any other information or data displayed by the Licensed BVI Application for Android or any External Services. BVI makes no representation that such External Services are appropriate or available for use in any particular location. If you use or access External Services, you do so at your own initiative and risk, and are responsible for compliance with all applicable laws, including but not limited to applicable local laws. BVI reserves the right to change, suspend, remove, limit, or disable access to any External Services at any time without notice. In no event will BVI be liable for the removal of, disabling access to, or limiting use of or access to any such External Services.