Terms of Use

Last updated: April 3, 2017.
Welcome to the website located at https://www.sleepsee.com/ (hereinafter referred to as the “Site”), including its mobile optimized version, provided to you by EyeMedics Optometry, PA (“sleepSEE”). Please, carefully read these Terms and our Privacy Policy (the “Policy”), including any supplemental terms, guidelines and/or policies thereof (hereby incorporated by reference). If you continue to browse and use this Site, you are hereby acknowledging that you have read, understood and agreed to be bound by and under these Terms of Use and Service (the “Terms”) and which together with our Policy, shall govern sleepSEE’s relationship with you in relation to the Site and any patient referral services offered by us (collectively, the “Service”).  These Terms constitute the entire agreement between you and us.  If you do not agree to these Terms, please exit the Site or stop use of our services. The terms or ‘us’, ‘its’ ‘ours’ or ‘we’ as used herein refer to sleepSEE and/or its shareholder, subsidiaries, assignees, successors, affiliates, and/or brands.  The terms ‘you’, ‘your’, and/or ‘yourself’ as used herein refer to you, a registered user of our Site.  To prevent any breach of the Terms hereof and to enforce any remedy, we shall take any technical, legal or managerial measures that we deem, in our sole discretion, necessary and appropriate, without prior notice to you or any other user.
1. Minors sleepSEE undertakes the protection of the rights of minors and underage persons, and thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by their minors.  You hereby represent and warrant that you are at least eighteen (18) years of age, or older, as of the date of first access to our Site and, if you are under such age, are using the Site under the direct supervision of your parent, legal guardian or responsible adult.  You hereby represent and warrant that you will not provide sleepSEE with personally identifiable information of children under the age of thirteen (13) without the consent of their parents or legal guardians.
2. Updates Our website may contain links to third-party websites or services. We have no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
3. Governing Law sleepSEE hereby reserves the right to update, modify, eliminate, discontinue or terminate the Site, the Terms and/or the Policy, at any time and at its sole and final discretion.  sleepSEE may change any fees, at any time.  Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email.  Please, refer to the date first shown above for the date where effective changes were last undertook.  Your continued use of the Site after the last effective date of amendment to these Terms – either by registration or simple use – indicates your acceptance of any modifications thereto.

Your use of any information and/or materials available on this Site is entirely at your own risk, for which we shall not be held liable.  It shall be your own responsibility to ensure that any products, services or information available through this Site meet the specific optometric, ophthalmologic, medical and healthcare requirements of your patients, and you hereby acknowledge and agree that sleepSEE will not be held liable for any kind of loss, damage or responsibility thereof.

4. Services sleepSEE is a physician assistant company that provides with its users with a web platform where: (i) the general public may freely browse a medic directory where they can contact healthcare professionals to make inquires about certain services and products offered by such healthcare professionals — but not by sleepSEE; and (ii) healthcare professionals who are registered users of the Site with valid accounts (e.g. doctors, ophthalmologists, optometrists) may receive patient referrals via the Service and the functionalities of the Site, among other functionalities provided by sleepSEE from time to time.

Neither the Site nor sleepSEE undertake any of the actual products and /or services offered by doctors, ophthalmologists, optometrists and healthcare professionals to its patients.  The Site contains general information about medical conditions and treatments only for reference, and such information is not medical advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider or towards your patient.

Please take into the strictest note, that: (i) we are neither a hospital, pharmacy, healthcare professional, doctor, ophthalmologist, optometrist or distributor of any kind of medical or healthcare items and supplies; (ii) we do not engage into the practice of medicine or any kind of healthcare profession; (iii) we do not offer any kind of medical treatment, assessment or diagnosis; (iv) that we do not provide or sell medical or healthcare items directly to doctors or patients or any other consumers; and (v) we shall not be held liable or responsible for any damages, losses, costs and/or liabilities arising out of or related to any bought medical or healthcare items or any information shown throught the Site.

All information posted throught our Site is intended for reference and convenience purposes only, which may include inaccuracies or errors, and does not constitute a direct endorsement of any kind of any medical procedure, optometrist treatment, Lasik treatment, product or service.

You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site and/or sleepSEE to:

  1. Help, motivate, or enable others to infringe these Terms.
  2. Plagiarize or infringe the intellectual property rights of a third party.
  3. Use any automated process to access or use our services or any process, whether automated or manual, to capture data or content from any of our services for any reason.
  4. Disrupt the normal flow of dialogue and/or exchange on the Site.
  5. Upload, post or otherwise disseminate any content that: (i)infringes or violates the intellectual property rights of any third party, including any trademark, copyright, trade secret, moral rights, ancillary rights or other rights therefrom, or causes or results in the violation of any applicable law or regulation, (ii) in any way exploits the Site other than as specifically sanctioned by us; (iii) encourages any conduct that could promote or cause discrimination, racism, hatred, harm or violence against any individual or group of persons; (iv) threatens minors in any manner; and/or (v) promotes or encourages illegal, fraudulent or inappropriate activities.
  6. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site; and/or promotes or disseminates any content that is or may be considered obscene, pornographic, inappropriate or otherwise objectionable.
  7. Copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof.
  8. Delivers or attempts to deliver, any unsolicited advertising, electronic email, promotion, spam or chain letters.
  9. Collect, receive, transfer or disseminate any personally identifiable information of any user of the Site without the express authorization of the holder.
  10. Collect, receive, transfer or disseminate any content that is illegal or unlawful that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law.
  11. Deliver unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or any content designed to deceive or trick the users of the Site.
  12. Impersonate or misrepresent any affiliation with any legal entity or person.

You further acknowledge and agree that you will treat as strictly private and confidential, any username or password which you receive from sleepSEE and any and all information to which you have access through our Services, and that you will not cause or permit any such information to be communicated, copied, or otherwise divulged to any other person whatsoever.  Any violation of this provision may result in immediate termination of your access to the Site and use of our Services, without refund, reimbursement, or any other credit.

5. Doctor Account To sign up to use the Site, you must register for a doctor account and create a sleepSEE profile (hereinafter, a “sleepSEE Partner”).  sleepSEE Partner accounts are free of charge, and entail full acknowledgement and acceptance of our Terms, Policy and guidelines.  You are solely responsible for the activity that occurs on your account, and for keeping your password secure.  We reserve the right to ask that you show proof of personal identification, personal address, place of work, medical license and any professional authorizations required for your practice.  We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate your account upon any actual or alleged breach of these Terms.  You must notify sleepSEE immediately of any change in your eligibility to use the Site, breach of security, or unauthorized use of your account.  

Among other rules, policies and regulations indicated to you by sleepSEE from time to time, you hereby acknowledge and agree to use only the highest quality Rigid Gas Permeable (RGP) lens materials, and to not mislead your patients into the use of cheaper, lower quality alternatives.

sleepSEE reserves the right, in sleepSEE’s sole discretion, to cancel unconfirmed or inactive sleepSEE Partner accounts, for any reason, at any time.  Access to the Site is offered only for your use, and not for the use or benefit of any third party.

Additionally, you hereby represent and warrant that, as a sleepSEE Partner, you must: (i) offer every patient a thirty (30) day money back full refund guarantee if adequate vision results are not obtained within thirty (30) days of beginning actual Ortho-K treatment on your professional premises; (ii) use the highest quality of rigid gas permeable lens materials with all ortho-k designs; and (iii) offer warranty for RPG lenses used with the “sleepSEE system” to last approximately two (2) years, and honor fabricant guarantee towards your patients.

If sleepSEE has any good faith reason to believe that you have mislead any patient regarding the use or RGP into another lower quality alternative, or if you have not honored the two (2) “lens life warranty”, we reserve the right to immediately close your sleepSEE Partner account, at any time, with no responsibility, at our sole and final discretion.

6. Fees and billing We currently offer two payment options:

  1.  Subscription based  (PLUS and PREMIUM)
  2.  PayPerClient  (Limited Time Offer)

The subscription plans are based on a monthly/yearly recurring bases.

The PLUS subscription fee is $149/month or $99/month (billed annually).

The PREMIUM subscription fee is $279/month or $199/month (billed annually).

The PayPerClient (PPC) plan is based on a pay-as-you-go system where doctors pay only when they sign up a new Ortho-K client.  The plans is especially designed for doctors who only provide ortho-k services occasionally. If you signup one or more new clients per month, it is financially advantageous to choose the monthly or yearly subscription plan.

For the PPC membership, we use the honor-based system commonly known as “Pay When You Are Paid.”  This system entails a mutually beneficial trust, where, when a patient originated from the Site signs up for your professional practice, you must pay us a brand royalty fee of $97 USD within 48hrs of the date when your client first signs up (the “Royalty Fee”).  It is your responsibility to report to us the sleepSEE program-related services rendered and to pay us the Royalty Fee.  Please submit your payment $97USD to EyeMedics Optometry, PA. using this link.

For the PPC membership plan we have chosen this non-traditional payment model in the expectation of doctor professionalism, honesty and integrity.

Management stresses that all members honor our PayPerClient (PPC) policy. Noncompliance will force sleepSEE to modify the current payment model, a move that could prove detrimental to our collective goals.

The transaction amount will be charged though through PayPal and other payment processors, financial institutions and/or credit card issuers.

7. Refund / Cancellation Policy You can cancel your Pay Per Client/Plus/Premium Subscription, or membership, at any time.  Please note that you must cancel your Subscription, or membership, before it renews for a subsequent month in order to avoid being charged for the next month’s Subscription Fee (Plus/Premium members).  If you cancel your Subscription, the cancellation will become effective at the end of the then-current monthly Subscription period.

sleepSEE (EYE MEDICS OPTOMETRY, P.A.) DOES NOT PROVIDE REFUNDS OF ANY KIND.  UPON RECEIVING ACCESS TO sleepSEE’S MEMBER SITE, YOU CAN INSTANTLY BENEFIT FROM MARKETING AND POTENTIAL CLIENT OFFICE VISITS (i.e. Capture), THEREFORE WE DO NOT GIVE REFUNDS. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH. In such a circumstance, you will continue to have access to your Subscription until the end of the monthly billing cycle.  WE WILL NOT PROVIDE REFUNDS IF YOU FORGET TO CANCEL YOUR AUTOMATICALLY RENEWING SUBSCRIPTION OR BECAUSE YOU NO LONGER WANT TO USE YOUR SUBSCRIPTION.  IT IS YOUR RESPONSIBILITY TO CHOOSE SUBSCRIPTION LENGTHS APPROPRIATE FOR YOUR SITUATION AND TO CANCEL YOUR AUTOMATICALLY RENEWING SUBSCRIPTIONS.  YOU CAN DO THIS IN YOUR DASHBOARD/ACCOUNTS PAGE. 

AFTER INITIAL SIGNUP, YOU ARE ALLOWED TO DOWNGRADE YOUR MEMBERSHIP/SUBSCRIPTION PLAN ONLY ONE TIME DURING THE CALENDAR YEAR WITHOUT INCURRING A $50 ADMIN FEE.

Patients: After the initial lens fitting (i.e., first night of lens wear), your patient is given a thirty (30) day period in order to obtain satisfactory vision results.  If such results are not obtained within this time frame, client (patient) is entitled to a 100% refund of the client’s sleepSEE program fee, upon request.

8. Payment processing systems We use third-party payment processors such as credit card and/or PayPal to bill you through a payment account linked to your account on the Site, for any purchases made through the use of the Site.  You must have and maintain a valid and operative account with the aforementioned payment processors.  The processing of payments for sellers and buyers will be subject to the fees, terms, conditions and privacy policies of such payment processors.  sleepSEE is not responsible for any and all errors by the payment processors.
9. Spam We take spam seriously, and we encourage you and our users to report any spam activities to us. We will not tolerate, nor allow others to undertake, any and all use your account and/or any information regarding the Site, pursuant to the remission of any other unsolicited bulk communication to any of our users or to any third party.  Under the CAN-SPAM Act, you may not access the Site to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions.
10. License When entering the Site or using our Services, you and other users may post comments, questions, ideas, upload photos and other kind of multimedia content.  sleepSEE hereby reserves the right (but not the obligation) to remove and/or edit such content, and we have the right but not the obligation to monitor and edit or remove any activity or content; thereby enacting the necessary measures to moderate any comments and to control user behavior within our Site.

Henceforth, through the simple use of our Site and any Services therein, you hereby grant sleepSEE an unlimited, non-exclusive, assignable, royalty-free, perpetual, irrevocable, for all the world, sub-licensable right and license to use, reproduce, adapt, create derivative works from, distribute and display any content you may upload or transfer throughout the Site, when posting messages, uploading files, inputting data or otherwise submitting any kind of content to us, and you hereby represent and warrant to sleepSEE that you have all the rights, licenses, authorizations and authority necessary to grant the abovementioned license.

sleepSEE hereby grants you a personal, limited, revocable, worldwide, royalty-free, non-assignable, non-commercial, non-sublicensable and non-exclusive authorization to use the services and/or software provided to you by us through the Site; for the sole purpose of enabling you to use and receive the services of the Site, only as provided for in these Terms, and subject to your compliance thereof.

11. Takedown Notices, Infringement In compliance with the Digital Millennium Copyright Act (DMCA), sleepSEE takes copyright infringement seriously, and is ready to remove any content posted upon duly notice and request by a copyright holder.  If you believe that any content or other material provided through the Site allegedly infringes the copyright of you or of a third party, please notify us of your claim to: admin@sleepsee.com (subject: “Takedown Request”).  sleepSEE may remove any content if it believes or has reason to believe such content infringes on another’s copyright, without prior notice and at any time and at its sole discretion.  We may also disable your or any user ability to use the Site or terminate your access thereof.

The notification must be in writing and must contain the following information, at a minimum: (i) a signature and identification of the title holder and/or the person authorized to act; (ii) a description of the copyrighted work that allegedly has been infringed; (iii) contact information, such as your address and your email address (for us to deliver our response to you); and (iv) a statement indicating that the information provided in the notice is true and accurate.

12. Ownership All trademarks reproduced in our Site are the property of – or licensed to – the respective title holder acknowledged (or not) on the Site, including EyeMedics Optometry, P,A who may or may not be affiliated with, connected to, or sponsored by us or and/or affiliates, partners, advertisers and subsidiaries.  We own, control and/or have sufficient right and authorization for the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
13. Third party links From time to time, our Site and Services may contain hyperlinks to other websites.  These links are provided for your convenience and to provide further travel information, and does not mean that we endorse such websites or their products and services; and therefore your use thereof is at your own risk.  Any linked websites, are thereto governed under their respective privacy policies, terms and conditions and legal disclaimers.  Please review the aforementioned documents, which will govern any use thereof.  You may not create a link to this website from another website or document without sleepSEE’s prior written consent.

We are not responsible for third party sites hyperlinked from this Site, nor do we make any endorsements or warranties, express or implied, with respect to the content of third party websites or the products or services offered on any third party websites, including but not limited to accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.

14. Acceptance By accessing or using the Site, you hereby represent and warrant that you have read, understood, and agreed to be bound by and under these Terms.  The lowest (or any) advertised rates in our Site are not necessarily available from all providers appearing on our Site and any search results therefrom – which we cannot ultimately control – are out of our complete scope.  Some of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes and, therefore, they may not accurately reflect the appearance or characteristics of a certain item, treatment, manufacturer or fabricant.
15. Limitation of Liability Your use of our Site is at your own risk, and therefore you hereby acknowledge and agree that we supply our Services “as is”, “with all faults”, and “as available”, including all content, software, materials, services, functions, and/or information made available through the Site.  sleepSEE’s maximum cumulative liability to you for any losses or damages arising out of or in connection with your access of the Site and any Services therein shall be limited to: (i) the amount paid, if any, by you to us in connection with the Site and any Services therein during the 12 months prior to the action giving rise to such liability (if any); or (ii) USD$300 (Three Hundred United States Dollars), whichever amount results inferior.
16. Disclaimer of Damages WE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
11. Indemnification You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, website providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or your violation of the rights of any third-party; or (iii) any user content.
11. Generals Force Majeure. sleepSEE will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond sleepSEE’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Headings. The section and paragraph headings in these Terms of Use are for convenience only and will not affect their interpretation.

Taxes. You will be responsible for paying any and all taxes applicable to your use of the Site and any purchases, or sales of items you make on the Site (excluding any taxes on sleepSEE’s net income).

Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

No Waiver. Failure by us to impose any of its rights under these Terms shall not be interpreted as a waiver of any rights hereon, nor any other rights with respect to the matter hereof.

Notices. Any non-legal notices or communications hereunder, including those regarding modifications to these Terms, shall be in writing and delivered by in writing (to any address you may provide).  For notices made by e-mail, the date of receipt will be deemed the date in which such notice is transmitted.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent.  Notwithstanding the foregoing, we may assign any rights or obligations hereunder.  Any rights not expressly granted herein are thereby reserved.  These terms will inure to the benefit of any successors of the parties.  We reserve the right, at any time, to sell, transfer or otherwise share some or all of the sleepSEE assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Relationship. You and sleepSEE are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Exchange rates. Currency exchange rates displayed on the Site are based on various sources and should only be used as reference.  Actual exchange rates will vary depending on the location, bank, credit card and/or payment processing systems used by you.

Waiver of Class Actions, and Non-Individualized Relief. You hereby acknowledge and agree that you may only bring claims against sleepSEE 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 sleepSEE agree otherwise, you 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.

Applicable Law

Your use of this Site and any claim, dispute and/or cause of action that might arise between you and us, without regard to conflict of law to principles, shall be subject to the laws of the State of North Carolina, United States of America, without regard to the conflicts of laws principles thereof.

Arbitration, Forum. The parties waive trial by jury.  You agree that you will seek arbitration consistent with the rules of the American Arbitration Association (AAA) before initiating any litigation.  If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located in North Carolina for litigating all such claims or disputes.

Arbitration of disputes will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA.  The AAA Rules and costs related to arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

11. Questions about us or these Terms If you have any questions about our services or our Terms, please contact us at:

Eye Medics Optometry, PA
6970 Nexus Court
Fayetteville NC  28304
Tel:  910.426.3937
Email: admin@sleepsee.com