TERMS OF USE AGREEMENT

This website is maintained by the Ophthalmic Mutual Insurance Company (a Risk Retention Group) (“OMIC” or “us”). Please read this Terms of Use Agreement (“Agreement”) carefully before accessing or using any part of our website (“Site”). These terms of use constitute a legally binding agreement between OMIC and the person using this Site (“you” or “user”) whether you are a guest or registered user. By accessing or using the Site, you agree that you have read, understand, and agree to comply with and be bound by the terms and conditions of the Agreement. If you do not agree to these terms and conditions, you must not use this Site. We reserve the right to modify the Agreement at any time with or without notice to you. Such changes are effective immediately upon posting on the Site. Your continued use of the Site means you accept and agree to be bound by the terms and conditions of the revised Agreement. You can review the most current version of the Agreement on the Site through a link in the footer of each page.

All content on this website, including but not limited to text, graphics, images, audio, video, and downloadable materials, as well as the original selection, arrangement, and presentation of such material on the Site (together “Content”), is the property of OMIC, its licensors, or other designated owners, and is protected by US and international copyright, trademark, and other intellectual property laws.

We grant limited, nonexclusive, nontransferable, and revocable licenses to access and use the Content as follows, provided that you leave all copyright or other proprietary notices intact except as otherwise directed, below:

Insureds and their staff (including insurance brokers) who have been granted accounts on the Site may use the Content for the following purposes:

Restrictions:

Academic users who have been granted accounts on the Site may access and use the Content for personal educational or research purposes, including:

Restrictions:

Accounts may be granted to individuals affiliated with professional or medical associations, nonprofit organizations, or healthcare-related entities for their personal educational reference.

Restrictions:

These prohibitions apply to all users of the site, including guests (those who access only publicly available parts of the Site) and registered users (those granted account-based access to the Site).

Unless explicitly permitted in this Section 2. Copyright and Limited License or in writing by OMIC, no guest or registered user may:

The Content on this Site may not be used, in whole or in part, for the development, training, fine-tuning, validation, or enhancement of any artificial intelligence (AI), machine learning (ML), or similar automated systems or models. This prohibition applies to both commercial and non-commercial uses and includes:

Any such use constitutes a violation of this Agreement and is an infringement of OMIC’s intellectual property rights. We reserve all rights to pursue appropriate legal remedies in response to unauthorized use.

Except as expressly stated above, all rights in and to the Content are reserved. Unauthorized use may result in the suspension of access, termination of your account, or legal action.

For questions about permissions or licensing, please contact permissions@omic.com.

OMIC may collect personal information about you through registration processes or other means on this Site. We recognize the importance of respecting and maintaining your privacy. Please refer to our Privacy Statement for details about how we use and protect your personal information. The Privacy Statement is incorporated into and constitutes a part of the Agreement. By using the Site, you agree to the terms and conditions of the Privacy Statement and authorize OMIC to collect and use information about you as outlined in the Privacy Statement. You are responsible for the accuracy of any personal information about you that you provide to OMIC through this Site.

We reserve the right to withdraw or amend the Site or any Content or services we provide through the Site, in our sole discretion without notice, whether you are a guest or registered user. We further reserve the right to terminate or suspend a user’s access to all or part of the Site for any or no reason, including any violation of this Agreement.

We may require you to register for an account and use a password to gain access to portions of the Site or its Content. Certain portions of the Site include “gated Content.” This means that only users with certain qualifications can access this Content. In addition, some portions of the Site provide customers a portal to access their personal customer information. Therefore, the details you provide to register for an account must be correct, current, and complete in order to determine if you meet the qualifications for accessing the gated Content or personal customer information. You must not impersonate or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information. If we believe that the details you have provided are not correct, current, or complete, we have the right to refuse you access to the Site and take action against you if you are improperly or illegally accessing restricted portions of the Site.

You must treat your username, password, or other security credentials for accessing the Site (“Credentials”) as confidential. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your Credentials. You are responsible for maintaining the confidentiality of your Credentials and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of Site security.

You authorize OMIC to act on instructions received under your password without any requirement to question those instructions. OMIC may block any transaction made under your account if we believe your Credentials are being used by someone other than you, but we are under no obligation to do so.

We invite guests and registered users to browse and access Content and services as described in this Agreement. Be aware, however, that you may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:

If you submit any information to us (other than personal information, as defined in our Privacy Statement, including any comments, suggestions, or ideas for developing or marketing products, technologies, processes, or materials, you are giving that information, and all your rights in it, to us free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by email, through a form on the Site, or in any other manner.

You agree that any material you submit does not violate the confidentiality or intellectual property rights of any third party. You further agree not to upload, email, post, or transmit through the Site, any material which disrupts the normal operation of the Site or restricts or inhibits any other user from using the Site.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose your identity or other information relating to your profile, email addresses, usage history, IP addresses, and traffic information.

You may provide links to the Site on your own website or social media apps as long as:

OMIC’s Site may include links to websites created and maintained by other people or organizations (“third-party websites”) as a convenience to users. We are not responsible for the products or services offered on such third-party websites or the content, accuracy, or opinions expressed on such websites. We have not reviewed all the content on these websites and we do not investigate, monitor, or check them for accuracy or completeness. The privacy policies of these third-party websites, such as the types of information collected and the use of the collected information, are unknown to and beyond the control of OMIC. If you decide to leave OMIC’s Site and access these third-party websites, you do so at your own risk. Links to third-party sites on our Site do not imply a recommendation or endorsement by us.

In addition, third-party content may appear on OMIC’s Site directly. We are not responsible for and assume no liability for any third-party content. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and are neither endorsed by nor necessarily reflect our belief. Further, mention of third-party products, companies, and websites on this Site are for informational purposes only and constitute neither an endorsement nor a recommendation.

The Content on our Site includes patient safety and risk management articles, alerts, forms, and guidelines, as well as information regarding medical professional liability and related insurance coverage. While this information is developed by or based on the work of knowledgeable professionals, it is presented solely for general information purposes. It does not constitute and should not be relied upon as specific medical, legal, insurance, or other professional advice. Users should consult a qualified physician, attorney, insurance advisor, or other appropriate professional for advice tailored to their individual circumstances. We disclaim all liability and responsibility arising from any reliance placed on this Content.

All quotes for insurance generated on the Site are estimates based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage.

Any coverage descriptions or explanations provided on this website are for general information, do not constitute a contract, and should not be construed as a coverage interpretation of any Insured’s policy in whole or in part. Coverage varies by state and is effective only as underwritten and approved by OMIC. Coverage determination is subject to all terms and conditions of a particular Insured’s policy (including Declarations and endorsements) as applied to the facts of a claim.

For questions concerning insurance documents, such as the policy or Bylaws, please reference the documents in effect for the applicable time period, which are posted on OMIC’s website and accessible to Insureds or can be requested by Insureds via email.

OMIC makes all reasonable efforts to provide information that is accurate and reliable as of the date of the material’s creation. Changes may be made to the information upon which the material is based, and these changes may or may not be incorporated into the Content of the Site. OMIC archives certain previously published materials on its Site (e.g., issues of The Digest). Such materials will not be updated even if information changes. For example, if OMIC updates its underwriting requirements for refractive surgery, it will not update a previously published article on the subject. OMIC may make changes to or delete features, functionality, or Content on the Site at any time, with or without notice. The Content of the Site could also include technical inaccuracies or typographical errors. If you find any errors or omissions, we encourage you to report them by email.

Your use of this Site is at your sole risk. This Site is provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis.

OMIC makes no representations or warranties of any kind, express or implied, regarding the operation of the Site or the information, content, materials, or services included on or otherwise made available through the Site. Without limiting the foregoing, OMIC does not warrant the accuracy, adequacy, completeness, reliability, or legality, or usefulness of any Content. 

OMIC does not guarantee that files available for download from the Site will be free of viruses or other destructive code. You are responsible for establishing and maintaining any security procedures and data backups necessary to meet your specific needs for virus protection, data integrity, and the recovery of any lost data.

To the fullest extent permitted by applicable law, OMIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, including but not limited to the implied WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM CONTAMINATION BY COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, AND NONINFRINGEMENT. OMIC does not warrant that this site will be uninterrupted or free of errors or defects, or that any errors or defects will be corrected.

To the fullest extent permitted by applicable law, OMIC and its affiliates, licensors, service providers, and each of their respective officers, directors, employees, contractors, and agents (“Related Parties”) WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, arising out of or in connection with (1) your use of, or inability to use, the Site or any websites linked to it; or (2) any of the following technical or operational issues: (a) a distributed denial-of-service attack, virus, malware, or other technologically harmful material encountered through the site or any linked website that may infect your computer equipment, software, data, or other proprietary material; or (b) any failure, interruption, delay, error, or omission in the operation, performance, or transmission of the Site or any linked website, including loss of access, server or system failure, or inability to use any content, service, or functionality provided.

THIS LIMITATION OF LIABILITY APPLIES TO ALL TYPES OF DAMAGES, including direct, indirect, special, incidental, consequential, or punitive damages, ARISING FROM ANY CLAIM, including claims for personal injury, pain and suffering, emotional distress, loss of consortium, loss of revenue, loss of profits, loss of business or anticipated savings, loss of opportunity, loss of use, loss of goodwill, loss of data, and the cost of procurement of substitute goods or services.

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, whether based on tort (including negligence), breach of contract, breach of warranty, product liability, or otherwise, even if the possibility of damages was foreseeable.

If you are dissatisfied with the Site, any Content on the Site, or these terms of use, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Notwithstanding anything to the contrary contained herein, THE AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) of OMIC and its Related Parties for any claim arising out of or relating to your use of the Site. This amount shall be in lieu of all other remedies you may have against OMIC and any affiliated party.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS OMIC and its Related Parties, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (including reasonable attorneys’ fees) arising out of or relating to (1) your use of the Site; (2) any content or data you submit, post, or transmit through the Site; (3) your violation of any applicable law or the rights of any third party; or (4) your violation of this Agreement. OMIC reserves the ‎right, upon notice to you, to participate in or assume exclusive defense and control of any claim or action subject ‎to indemnification by you, at your expense, without relieving you of your indemnification obligations hereunder. ‎

OMIC controls and operates our Site from our offices in the United States and makes no ‎representation that our Site is appropriate or available for use beyond the United States. If ‎you use our Site or applications from other locations, you are doing so at your own risk and are ‎responsible for compliance with applicable local laws regarding your online conduct and ‎acceptable content, if and to the extent local laws apply. Our Site may describe products ‎and services that are available only in the United States (or parts of it). You and we disclaim any application to this Agreement of the Convention on Contracts for ‎the International Sale of Goods.

This Agreement shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence, and without regard to its conflicts of law principles, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.

With respect to all disputes arising from or in connection with the Site or the Agreement (including the Privacy Statement, you and OMIC agree to negotiate in good faith and undertake reasonable efforts to achieve a mutually satisfactory resolution.

All lawsuits arising from or relating to this Agreement or your use of the Site or Content shall be brought exclusively in the state courts located in San Francisco, California, or the United States District Court—Northern District located in San Francisco. You hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose and agree to waive any and all objections to the exercise of jurisdiction over you by ‎‎such courts and to venue in such courts. ‎You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred. All actions shall be subject to the limitations set forth in Sections 11. Limitation of Liability and 12. Indemnification, above.

This Agreement (including OMIC’s Privacy Statement as incorporated), as it may be amended from time to time, completely and exclusively states the Agreement between you and OMIC with respect to the Site unless an amendment or contract exists that specifically supersedes or amends this Agreement and is signed by you and an authorized OMIC representative.

The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement.

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possible as consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

No waiver by OMIC of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OMIC to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

Our rights under this Agreement shall survive any termination of this Agreement.