Terms
If you are experiencing a medical emergency, call 911 or go directly to the closest emergency room. The Services do not provide you with medical advice. For Eyes is not a medical provider.
WARNING: IF YOU ARE HAVING ANY UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR CONTACT LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR CONTACT LENSES AGAIN.
Thank you for visiting the ForEyes.com website. Please take a few minutes to read these important Terms and Conditions of Use (“Terms of Use”), which govern your use of ForEyes.com (the “Website”) and our other Services (as defined below). These Terms of Use also include a binding arbitration clause (see Section 12) requiring you and us to arbitrate our claims instead of suing in court.
1. Introduction
The Website is operated by For Eyes Optical Company of Coconut Grove, Inc. (“For Eyes”, “us”, “we”, or “our”).
These Terms of Use are a binding, contractual agreement between you and For Eyes and govern your use of our online services, including this Website, the Materials (as defined below in Section 6.1.2), prescription reminders, and auto-reorder services as well as any other websites or services provided by For Eyes that link to or expressly reference these Terms of Use, including, for example, any mobile applications or electronic newsletters (collectively, the “Services”). Some parts of the Services, including our retail locations, may have other terms, guidelines, or rules, and if you use those parts, those additional terms will also apply and are incorporated herein by reference.
Please read these Terms of Use, the , and any other policies and notices on the Website, in any of our retail locations, or other parts of the Services, carefully. Collectively, these materials contain terms, rules, and other guidelines related to your use of the Services. Specifically, These Terms of Use contain important information that affects your legal rights, including, for example, requiring individual arbitration of any potential legal disputes between you and For Eyes and waiving any right to participate in a class action lawsuit or class-wide arbitration. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
By checking the box next to the “I read and agree to the Terms and Conditions of Use” (“Terms Checkbox”) statement during the checkout process on the Website and completing your checkout, by registering for an account on the Website, by installing the mobile application, or by using the Website or the other Services, you are indicating your acceptance and agreement to all of the terms and conditions of these Terms of Use.
Also, by accepting these Terms of Use, you (a) acknowledge that you have read, understand, and agree to be bound by all of these Terms of Use; and (b) represent that you are of legal age to form a binding contract and you are legally competent to agree to and comply with these Terms of Use.
If you do not agree to all of these Terms of Use, then you may not register for or shop at this Website or use any of our other Services. Your use of the Services and the licenses granted to you in these Terms of Use are expressly conditioned on you accepting all of these Terms of Use.
2. How to Contact For Eyes
If you have any questions, comments, concerns, or wish to report a violation concerning these Terms of Use, our Privacy Policy, or any of our other terms, guidelines, or rules, please contact For Eyes at the following:
Mail
Attn: General Counsel
For Eyes Optical Company of Coconut Grove, Inc.
3601 SW 160th Ave, Suite 400, Miramar, FL 33027
E-mail
legal@foreyes.com
Subject Line: Website Terms of Use and Privacy Policy
You may not use the contact information provided for unauthorized purposes, including solicitations and marketing.
3. No Medical Advice
3.1. Not a Medical Provider.
For Eyes is not a medical provider. Use of the Services does not create a physician-patient relationship. Under no circumstances should the information on this Website or any of our other Services be used to make clinical, medical, or other decisions related to your health care. Any information supplied through our Services or by any of our employees or agents, whether by e‑mail, telephone, fax, letter, or other form of communication, (a) is for informational purposes only, (b) does not constitute medial or other professional advice, and (c) is not a substitute for professional medical judgment applied by your medical provider or your eye care practitioner. You should contact your contact lens prescriber for all questions relating to eye care for contact lenses prescribed to you.
3.2. No Treatment Recommendations.
From time to time, For Eyes may post, e-mail, or otherwise share informational articles, product announcements, and other information that we believe you may find relevant or of interest. You understand and agree that any information, medical device or other products, medications, procedures, treatments, or any other information referenced in the Licensed Materials (as defined below in Section 6.4) are not intended as a recommendation or endorsement of any course of treatment, procedure, product, medical device, medication, or information and that the ultimate responsibility for diagnosing and treating you rests with your medical provider. The information made available on or through the Licensed Materials should not be relied upon when making medical decisions or to diagnose or treat a medical condition. The materials and information in the Licensed Materials may include technical inaccuracies or typographical errors. We do not warrant the accuracy, completeness, or usefulness of the information made available on or through the Services. Any reliance you place on this information is strictly at your own risk. Further, the information contained within press releases issued by For Eyes should not be deemed accurate or current except as of the date the release was posted and may potentially include inadvertent errors. For Eyes will not update, and specifically disclaims any duty to update, the information in any press releases.
4. Privacy Statement and Communication
4.1. Privacy Policy.
We care about your privacy. The information you provide to us through the Services is subject to our Privacy Policy, as it may be updated from time to time. Please review our Privacy Policy to learn more about how we collect, disclose, and use the information you share with us and the type of information we may receive about you from third parties (e.g., your ophthalmologist or optometrist).
4.2. Communication Means and Communicating Electronically.
4.2.1. We may communicate with you through one or more of the following means: mail, landline phone, cellular phone, e-mail, and text message. By providing us with your mailing address, landline phone number, cellular phone number, or your e-mail address, you consent to us using such means to contact you.
4.2.2. When you use our Website or send communications to us through the Website, to our e-mail, or a similar electronic method, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Website and our other Services. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you will be deemed delivered and effective when sent to the e-mail address you provide to us.
4.3. Authorization to Send Text Messages and Make Automated Phone Calls.
4.3.1. You understand that in order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number(s) (including a wireless number or ported landline phone number) you provided to us. We may place such calls or texts to (i) provide you with the Services you requested, such as prescription reminders; (ii) discuss any past, current, or future Services provided by us; (iii) discuss the accounting, billing, or financial information (such as insurance information and fees) for past, current, or future Services provided by us; or (iv) address collection of any past due amounts. You agree that we and our service providers, may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we identified in these Terms of Use, the Privacy Policy, and any other applicable terms, guidelines, or rules. We may share your contact information, including your wireless number, with service providers with whom we contract to assist us in pursuing these interests.
4.3.2. You understand that your telephone company may charge you for telephone minutes and to send and receive text messages.
4.3.3. You do not have to consent to receive autodialed or prerecorded message calls or texts to receive Services from us. Where we are required to obtain your consent for such communications, you may choose to revoke your consent by unenrolling from the relevant Service using the means provided (for example, you may unenroll from prescription reminder texts by following the appropriate text messaging prompts). If you have any questions, please contact us using one of the means identified in Section 2 (How to Contact For Eyes).
5. Your Account and Making Purchases
5.1. Account and Registration.
5.1.1. Some features that may be available on the Website or through the Services require registration for an account. As part of the registration or purchase process, (i) if you received services from a For Eyes retail location, you agree and understand that the information available at the retail location may be connected with and available through your online account (e.g., a prescription that you previously filled at a For Eyes retail location), and (ii) if you provide For Eyes with your prescription, you agree that For Eyes may act on your behalf to verify your prescription with your provider and hereby permit your health care provider to provide to For Eyes all information about your prescription (e.g., confirm the accuracy of the prescription).
5.1.2. By registering at and in consideration of your use of the Website and our Services, you agree to provide accurate, complete, current, and true information about yourself and, if applicable, to provide accurate, complete, current, and true information to your prescribing provider. You may not use a false e-mail address or other false identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any information.
5.2. Username and Password.
5.2.1. Some features on the Website and the other Services may require use of a unique username and password (the “Access Credentials”). You agree and acknowledge that you must take appropriate steps and use reasonable security measures to protect your Access Credentials and the data in the Services by, for example, protecting your password, selecting a strong password, protecting your mobile device with a strong password, using secure Wi-Fi or VPN, using antivirus software, using a firewall on your computer, locking your mobile device and your computer, and using any and all other appropriate and reasonable security practices.
5.2.2. You may not share your account or Access Credentials with anyone. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your Access Credentials. For Eyes may assume that any communications For Eyes receives under your Access Credentials or from your account were made by you, unless For Eyes receives prompt written notice from you otherwise.
5.2.3. If you have any reason to believe or reasonably suspect any loss, theft, or unauthorized use of your Access Credentials, your mobile device, your computer, or that your access to the Services were compromised, you must immediately notify us by e-mail using the means set out in Section 2 (How to Contact For Eyes), with attention to our Security Officer.
5.3. Making Purchases.
5.3.1. Lowest Price Guarantee.
(a) If you find the identical frames or contact lenses that you purchased from For Eyes for a lower price (including shipping costs and taxes) at a Selected Competitor, please come to one of our retail locations or contact us, within 15 days of your purchase with proof of the lower price, and we will adjust your payment to the lower price upon request.
(b) To qualify for a price match, the products must be identical (including, without limitation, same color, size, brand, condition, and, if applicable, model number). The price for a product must be listed and valid at the time of match. We reserve the right to verify the Selected Competitor’s advertised price and the availability of the item. Price match discounts cannot be combined with any other For Eyes promotions. No rainchecks will be issued for products that are out of stock to match a competitor’s price. Refunds for products returned after payment of lowest price guarantee will reflect the amount adjusted for the price guarantee. Our price match policy is subject to change at any time.
(c) “Selected Competitors” include (1) 1800Contacts®, LensCrafters®, Pearle Vision®, Target Optical®, Visionworks®, Walgreens®, Walmart® Vision Center, and Warby Parker®; and (2) duly licensed independent optometrists who are based in and have a physical presence in the U.S. If you have a question about our price matching policy or whether we will match a certain price, please contact us using one of the means available on our Contact Us page.
(d) The following exclusions apply to the lowest price guarantee: (1) clearance, closeout, liquidation sales, damaged, used, open package, refurbished, pre-owned, non-branded items, or prices that only display on a website after guests log in; (2) pricing due to typographical errors, competitor doorbusters or lightning sales (including, without limitation, offers made from Thanksgiving Day through the entire week after Thanksgiving); (3) cash back affiliate and similar programs, including, without limitation, coupon offers, promotional codes, credit card offers, gift card offers, financing, bundled offers, sales tax promotions, free items, rebates, or mail-in offers; and (4) certain manufacturer brands as may be required by the manufacturer.
5.3.2. Product and Service Pricing. Prices and offers listed on the Website, in retail locations, or other parts of the Services are subject to change. Except where noted otherwise, the prices displayed for the products represent the full retail price of the products themselves, before subtracting any offers that are available either online or in the retail store. Not all offers that are available online are available in the retail store and vice-versa. Online prices and selection generally match those in our stores, but may vary. If you choose to make a purchase from us using insurance coverage information, the purchase price that you owe on such purchase will be based on your insurance coverage information as that coverage information is provided to For Eyes by your insurance carrier. While For Eyes accepts many insurance carriers, it is possible that For Eyes does not accept your specific coverage, that your insurance plan does not cover certain products or services provided by For Eyes, or that your plan is not accepted at certain For Eyes location or through certain For Eyes Services. You are responsible for confirming coverage prior to making a purchase from For Eyes. Things move quickly in the vision space and despite our reasonable efforts, a small number of the items in our catalog may be mispriced or we may receive inaccurate insurance coverage information from your vision plan. If the correct price of an item sold through our Services is higher than our stated price, or if the correct price is higher than our stated price due to inaccurate insurance coverage information, we will, at our discretion, either contact you for instructions before shipping your order or cancel your order and notify you of such cancellation.
5.3.3. Product Descriptions and Appearance. We make commercially reasonable efforts to display and describe the products that appear on the Website accurately, but not all monitors and screens are created the same or have the same settings. The appearance of certain characteristics of the products, such as color, will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. If any product offered on the Website is not as described, your sole remedy is to return it to us in unused condition.
5.3.4. Paying for Your Order. When shopping online, after you make your product selections and provide your prescription and shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes. By entering your payment information and submitting your order, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method. If you enroll in our auto re-order service or a similar program, you authorize us to automatically charge the payment method you provide at your selected reorder periods (e.g., quarterly, bi-annually, etc.). Not all payment methods may be used with an auto re-order program. In some circumstances, we may pre-authorize your order amount with your credit card issuer at the time you place the order, and such pre-authorization may impact your available credit line. We collect and remit sales tax as required by applicable U.S. and state law for transactions made through the Website and in our retail stores.
5.3.5. Discounts and Promotions.
(a) We may, from time to time, make promotional codes and coupons available for you to use with your purchase. To use the promotional code or coupon, you may be required to provide the specific discount code number at the time of checkout or the promotion may be automatically applied.
(b) Promotional codes and coupons (1) may be redeemed up to the total purchase amount and cannot be applied to orders already placed or filled; (2) unless otherwise expressly provided by the terms of the promotion or coupon, do not cover shipping costs; (3) cannot be applied towards taxes of any type; (4) unless otherwise expressly provided by the terms of the promotion or coupon, cannot be combined with an insurance purchase or with other offers; (5) must be used prior to their noted expiration date, within a single transaction, and cannot be replaced if they are lost, stolen, deleted, or if you cancel or return your purchase; (6) have no independent cash value and cannot be redeemed for cash; and (7) may have additional terms, including product limits and restrictions (such as may only be used with the purchase of a certain contact lens brand).
(c) In the event of a reduction in price below the coupon value, the excess value of the coupon will not be refunded. Promotional codes and coupons are subject to available supply and are subject to change and cancellation without notice.
5.3.6. Order Acceptance and Confirmation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We are required by law to verify prescriptions and we are relying on both you and your prescribing provider to provide us with the correct information. If your prescription information is incomplete, we may need to take additional measures to find current information, which could delay the shipment of your order.
5.3.7. Checking Order Status. Order status may be available in your online account with us. You can also contact us using one of the means available on our Contact Us page to check on the status or to ask any other questions about your order.
5.3.8. Shipping. All purchases made through the Services are subject to product availability and will be shipped according to the For Eyes shipping policies, as such policies may be modified from time to time. In general, order turnaround time is 5 to 7 business days. Processing and delivery times are based on several factors including, the type of order, whether your order is complete (e.g., do we have your prescription), when you placed the order, method of shipping selected, and the order destination. In the rare event that your order never arrives, you must provide us with notification within 30 days from the date of the shipping confirmation e-mail. Shipping costs may apply to purchases unless expressly stated otherwise.
5.3.9. Returns and Exchanges.
(a) Your purchase for glasses is backed by our unconditional 30-day money-back guarantee. Unopened contact lens boxes may be returned for any reason within 30 days of receipt. Defective contact lenses may be covered by a manufacturer’s warranty. Please contact us using one of the means available on our Contact Us about any product defects.
(b) All returns and exchanges must be approved in advance. In some circumstances, it may be possible for you to return and exchange a purchase you made online at one of our retail locations. Please contact us using one of the means available on our Contact Us page to obtain return and exchange instructions. Once we receive your package, your refund or credit will be processed as quickly as possible (typically within 7 business days). If there is a refund due, a credit will be issued in the original form of payment or, if available at that time, stored as ‘store credit’ for use by you towards a future purchase with us. It may take several days for your credit card company or banking institution to post a refund credited to your original form of payment.
(c) We may not be able to provide an automatic exchange. You may need to return an existing purchase for a refund and then place a new order through the Website or at one of our retail locations.
(d) If gift cards are available, they are not eligible for returns, exchanges, or cash value except as otherwise required by applicable state law.
(e) Our return and exchange policies are subject to change at any time. Please contact us using one of the means available on our Contact Us page with any questions.
5.3.10. Risk of Loss. The risk of loss and title for all products you order passes to you upon our delivery to the mail carrier (such as FedEx, UPS, or USPS).
5.3.11. Purchase Limits and Reselling. We want to give all of our customers an opportunity to buy our products. Therefore, you may not purchase commercial quantities of our products and we may place limits on purchases (such as by restricting orders placed by or under the same account or the same credit card). You may not resell, in any manner, any products you purchase from us, whether you purchased the products through the Website or by any other means. We reserve the right, at our sole discretion, to reject or decline any order you place with us without giving you any reason. Further, we reserve the right to limit, cancel, or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products.
5.4. Use by Children.
The For Eyes Website and the Services are intended to be used by individuals who have reached the age of majority in their home jurisdiction (generally 18 years of age and older). If you are under the age of majority in your home jurisdiction, please do not use or access the Website or use the other Services. The Services (including, without limitation, the right to make place orders and make purchases and submit prescription information) is not intended for use by minors. If For Eyes becomes aware through reliable means that a user is under the age of majority, For Eyes may, subject to applicable law, cancel that individual’s account and delete all information regarding such individual from the For Eyes’ systems and records. Parents, legal guardians, and personal representatives may place orders for their children and their charges, as applicable.
5.5. Fees for Connecting to the Internet.
You will be solely responsible for any charges or expenses you may incur to access or use the Website or Materials, including, without limitation, any charges for communications lines, wireless phone charges, wi-fi, computers, mobile devices, or modems.
6. License and Usage Rights and Restrictions
6.1. Limited Right to Use the Services.
6.1.1. Subject to your full and on-going compliance with these Terms of Use, For Eyes grants you a personal, non-commercial, non-exclusive, non-sublicensable, non-transferable, revocable, limited right and license to (i) enter and use the Website solely for your personal and non-commercial use; and (ii) download and install a copy of the For Eyes-branded mobile app, if any, from the applicable App Store and in the form of machine-readable, executable object code form only, as expressly made available by For Eyes for download and installation, and use it on a mobile device that you own or control, solely for your personal and non-commercial use.
6.1.2. Subject to your full and on-going compliance with these Terms of Use, For Eyes grants you a personal, non-commercial, non-exclusive, non-sublicensable, non-transferable, revocable, limited right and license to access, copy, download, and print the material, such as, for example, product descriptions, blog posts, and similar materials, purposely made available by For Eyes for downloading and printing (collectively, the “Materials”), for your personal, non-commercial use, provided (i) you obtained lawful and authorized access to the Services; (ii) you do not modify, obscure, or delete (including through selectively copying or printing material) any copyright, trademark, trade secret, government restricted rights, or other proprietary or confidentiality notices or legends that appear on the Materials; and (iii) you do not make any additional representations or warranties relating to such Materials.
6.2. Ownership of Content.
You acknowledge and agree that all tangible and intangible content, data, and information on the Website, the mobile application, or otherwise made available with the Services, including, without limitation, algorithms, audio-visual works, charts, compilations, conceptions, copyrights, databases, designs, developments, diagrams, discoveries, For Eyes logo, formatting, forms, graphics, graphs, images, logos, lists, logic, Materials, methodologies, models, processes, routines, schematics, screen designs, sketches, software and its object and source code, sounds, system designs, techniques, templates, text, tools, trademarks, user interfaces, and visual interfaces, and the coordination, design, expression, ‘look and feel’, selection, structure, and any and all arrangement thereof together with any improvements and modification therein (collectively, the “Content”), is the exclusive property of and owned by For Eyes or its licensors and is protected by copyright, trademark, trade dress, and various other intellectual property rights and unfair competition laws throughout the world. You will not modify, obscure, or delete (including through selectively copying or printing material) any copyright, trademark, trade secret, government restricted rights, or other proprietary or confidentiality notices or legends that are (i) placed or embedded by For Eyes or its licensors on any of the Licensed Materials, or (ii) displayed when the Website or any software is run. You will not make any additional representations or warranties relating to the Licensed Materials. Nothing on or in the Licensed Materials will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any logo, service mark, or trademark displayed on the Licensed Materials without the owner’s prior written permission, except as otherwise described in these Terms of Use. For Eyes will be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Licensed Materials. For Eyes® is a registered trademark of For Eyes. Other product or company names referred to on the Licensed Materials may be trademarks of their respective owners.
6.3. App Stores and Third-Party Fees.
6.3.1. Generally.
The terms of this Section 6.3 apply in the event For Eyes makes a For Eyes-branded mobile application available to you. In such event, you acknowledge and agree that the availability of such mobile application is dependent on the third party from whom you downloaded the mobile application (e.g., the Apple App Store® or Google Play™) (“App Store”). You further acknowledge that these Terms of Use are between you and For Eyes and not with the App Store. As between For Eyes and the App Store, For Eyes and not the App Store, is solely responsible for the relevant mobile application and related Materials, addressing any claims relating to the mobile application (e.g., product liability, legal compliance, or consumer protection) and, if made available by For Eyes, maintenance, support services, and warranty for the mobile application.
6.3.2. Fees.
You agree to pay all fees (if any) charged by the App Store in connection with the relevant mobile application. You agree to comply with, and your license to use the mobile application and the related Materials is conditioned upon your acceptance of and on-going compliance with, all applicable third-party terms and conditions (e.g., the App Store’s terms and policies) related to the mobile application.
6.3.3. Apple iTunes®.
The terms in this Section 6.3.3 apply to any mobile application accessed through or downloaded from the Apple App Store:
(a) You will only use the Apple App Store sourced mobile application (1) on an Apple-branded product that runs the iOS; and (2) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
(b) In the event of any failure of the Apple App Store sourced mobile application to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price for such mobile application and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App Store sourced mobile application. As between For Eyes and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of For Eyes.
(c) You and For Eyes acknowledge that, in the event of any third-party claim that the Apple App Store sourced mobile application or your possession and use of that Apple App Store sourced mobile application infringes that third party’s intellectual property rights, as between For Eyes and Apple, For Eyes, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
(d) You and For Eyes acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as related to your license of the Apple App Store sourced mobile application, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the Apple App Store sourced mobile application against you as a third-party beneficiary thereof.
6.4. Restrictions.
For Eyes, its suppliers, and its licensors retain all rights, title, and interest in and to the Services, the Content, and any and all intellectual property rights therein. Your rights to the Services, Content, and Materials (collectively, the “Licensed Materials”) are limited to those expressly granted to you in these Terms of Use and all rights not expressly granted to you in these Terms of Use are reserved. Any unauthorized use of the Licensed Materials or any portion thereof automatically and immediately terminates the licenses granted by For Eyes pursuant to these Terms of Use. Except as expressly permitted in these Terms of Use, you will not: (a) copy or reproduce the Licensed Materials in whole or in part or access or use the Licensed Materials in any way other than as expressly permitted in these Terms of Use; (b) modify, translate, or create derivative works of the Licensed Materials or any portion thereof; (c) decompile, decrypt, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any component of the Website or a software application made available as part of the Services is compiled or interpreted, and you hereby acknowledges that nothing in these Terms of Use will be construed to grant you any right to obtain or use such source code; (d) assign, distribute, grant a security interest in, lease, loan, rent, sell, share, sublicense, timeshare, use for service bureau purposes, or otherwise transfer the Licensed Materials; (e) divert, export, re-export, or transfer the Licensed Materials to any country that is embargoed by the United States or designated by the U.S. Government as a “terrorist supporting” country; (f) access or use the Licensed Materials for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking purpose, including authorizing or undertaking a penetration test, vulnerability scan, social engineering test, or any other similar activity against the Website, any Service component, For Eyes, or any For Eyes’ vendor or licensor; (g) interfere with or attempt to interfere with the proper functioning of the Website, any Service component, For Eyes, or any of For Eyes’ vendors or licensors, including subverting or attempting to subvert embedded security controls or licensing restrictions; (h) access or use the Licensed Materials to develop content, data, features, functionality, graphics, or a service similar to or competitive with any component of the Licensed Materials; (i) access or use the Licensed Materials, or any part thereof, for any reason if you are, or are acting on behalf of or in collaboration with, a competitor of For Eyes, including to develop, design, or market products, content, features, or functionality similar to or competitive with the Services; (j)use the Licensed Materials to incorporate or attempt to incorporate or integrate the Licensed Materials or any portion thereof into any application, service, or offering in any manner (including, without limitation, through frames or framing techniques), whether such use is directly or indirectly competitive to the Services and even if such product or service is not made available commercially; (k) violate these Terms of Use or other terms, guidelines, or rules that are applicable to the relevant Services (including, without limitation, the App Store terms, if any); or (l) authorize, assist, or cause any third party to do any of the foregoing. You agree and understand that the restrictions in this Section 6.4 apply (i) to any component of the Licensed Materials that is relevant to the restriction; and (ii) to the fullest extent permissible under applicable law. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.
6.5. Prohibited Conduct.
You expressly agree to refrain from doing, either personally or by authorizing, assisting, or causing any third party to do, any of the following: (a) use any device or other means to harvest or attempt to harvest information about other users; (b) transmit, install, upload, or otherwise transfer any “viruses,” “time bombs,” “malware,” worms, trojans, malicious software or any code that is designed to deactivate, delete, disable, interfere with, or otherwise harm or disrupt the Services or that in any way affects the use, enjoyment, or service of the Services, the For Eyes system, or any user’s mobile device, computer, or other medium used to access the Services or the For Eyes information technology systems; (c) modify the information, including headers, found on the Services; (d) install, transmit, upload or otherwise transfer to the Services any unauthorized advertisement or communication; (e) engage in any action that For Eyes determines in its sole discretion is detrimental to the use and enjoyment of the Services or the For Eyes information technology systems; or (f) install, post, transmit, upload, or otherwise transfer any information in violation of the laws of the United States. Further, you may not use any hardware or software intended to damage or interfere with the proper functioning of the Services or the For Eyes information technology systems or to intercept any system, data, or personal information from the Services or the For Eyes information technology systems, whether surreptitiously or otherwise without express authorization from For Eyes.
6.6. Feedback.
6.6.1. You agree that submission of any Content corrections, documents, error identification, ideas, improvements, modifications, proposals, or suggestions (collectively, the “Feedback”) to For Eyes through its suggestion form, feedback form, wiki, forum, support e-mail, support calls or conference calls, meetings, or similar means is at your own risk and that we have no obligations (including, without limitation, obligations of confidentiality or use) with respect to such Feedback. You hereby grant to For Eyes a perpetual, fully paid, royalty-free, irrevocable, sublicensable, transferable, worldwide, and nonexclusive right and license to adapt, copy, disclose, display, distribute, modify, perform, reformat, use, create derivative works of, and otherwise exploit any and all Feedback for any legally permitted purposes, commercial or otherwise, without acknowledgment or compensation to you. Do not send For Eyes Feedback if you expect to be paid or want to continue to own or claim rights in them.
6.6.2. Further, to the extent any improvements, modifications, or updates to or derivative works of any of the Services are developed by For Eyes based on the joint effort or collaboration between you and For Eyes (collectively, the “Joint Works”), you hereby irrevocably assign, convey, and transfers to For Eyes all of your rights, title, and interest of any nature, in and to any Joint Works together with all copyrights, trade secrets, trademarks (and any goodwill), patents, and all other intellectual property rights in and to any such Joint Works in the United States and all other countries and jurisdictions of the world, including, without limitation, all exclusive rights granted to an author or owner under the copyright laws of the United States, foreign countries and international copyright conventions, all ancillary rights arising therefrom, all other rights of any nature and in any media, whether now known or hereafter devised, throughout the world, and the right to sue and recover for any past infringement of any such rights.
6.7. Responsibility for Submissions.
6.7.1. To the extent that we allow submissions on or through the Website, you acknowledge that you are responsible for any material you may submit via the Website, including the copyright, legality, reliability, appropriateness, and originality of any such material.
6.7.2. You represent and warrant (and For Eyes is relying on your representation and warranty) that (a) you own or otherwise control all the rights or have sufficient rights to the Feedback and other information you submit or otherwise provide to us (collectively, the “Submitted Information”) or that such items are known to you to be in the public domain; (b) the Submitted Information is accurate and is not confidential, proprietary, or infringing of any third-party intellectual property rights; (c) our or our vendors or licensors use of the Submitted Information does not violate any provision in these Terms of Use, third-party intellectual property rights, or terms you may have agreed to with a third party; (d) the Submitted Information does not constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability; (e) the Submitted Information is not defamatory, libelous, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, or fraudulent; (f) you do not and the Submitted Information does not violate any applicable law, statute, ordinance, or regulation; and (g) you are not listed on any U.S. Government list of prohibited or restricted parties, including the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or any list of known or suspected terrorists, terrorist organizations or other prohibited persons.
6.8. Right to Remove Material, Disable Features, and Suspend Access.
For Eyes reserves the right, without notice and in our sole discretion, to suspend or terminate your license to use the Website, Content, and other components of the Services, to terminate your rights under these Terms of Use, and to block or prevent future access to and use of the Services and Content. For Eyes further reserves the right to do any of the following, at any time, for any reason, and without notice: (a) to modify, suspend, or terminate operation of or access to the Licensed Materials, or any portion of the Licensed Materials, for any reason, including, without limitation, disabling all or any social media features and any links; (b) to modify or change the Licensed Materials, or any portion of the Licensed Materials, and, except as otherwise provided in these Terms of Use or the Privacy Policy, modify or change any applicable policies or terms; and (c) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or make other changes.
7. Hyperlinks and Third-Party Websites
7.1. Hyperlinks.
The Licensed Materials may contain hyperlinks to other websites and may include content of third parties (collectively, “Third-Party Content”). The Third-Party Content is provided as a convenience to you and the hyperlinks are provided as an additional avenue of access to the information contained on such websites. For Eyes does not control, does not adopt, and is not responsible for the information or materials in the Third-Party Content or of any other websites or any products or services that may be offered through those or any other websites and does not endorse such content, goods, or services. For Eyes can make no guarantee as to the accuracy or completeness of Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. Your use of Third-Party Content is at your own risk.
7.2. Websites.
For Eyes has no control over third-party websites and makes no claim or representation regarding such websites. For Eyes accepts no responsibility for the content, nature, reliability, or quality of any websites accessible by hyperlink from the Licensed Materials. Different terms and conditions may apply to your use of any linked sites. For example, For Eyes may include a link for you to connect with us on Facebook or to follow us on Twitter; each of these companies has its own terms and conditions which you may be required to accept and follow. For Eyes is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites. You should refer to such websites’ respective privacy policies and terms and conditions. Your use of third-party websites is at your own risk.
8. Intellectual Property Infringement.
8.1. Notification of Copyright Infringement.
For Eyes respects the intellectual property rights of others and requests that you do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify For Eyes through one of the avenues identified in Section 2 (How to Contact For Eyes) with attention to Copyright Agent. To be effective, your notification must be in writing, include your contact information, be provided to our copyright agent, and include: (a) the signature of a person authorized to act on the copyright owner’s behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing, including references to the location of the material on the Services; and (d) comply with all other requirements of the Digital Millennium Copyright Act, if any.
8.2. Notification of Other Intellectual Property Infringement.
If you believe your non-copyright intellectual property rights were infringed (e.g., trademark rights), please notify us in writing to the e-mail address or mailing address provided in Section 2 of these Terms of Use with attention to General Counsel.
8.3. No Duty to Validate Claim.
For Eyes undertakes no duty to determine the validity of any claim of copyright, patent, or trademark infringement or any other infringement of intellectual property rights. For Eyes reserves the right to remove any and all content from the Licensed Materials without any notice to you.
9. Indemnification.
You agree to indemnify and hold For Eyes and its parents, subsidiaries, and affiliates and its and their respective directors, officers, shareholders, employees, agents, representatives, service providers, licensors, assigns, and successors-in-interest (collectively, the “For Eyes Parties”) harmless from and against any claims, damages, demands, liabilities, losses, government investigations, reasonable costs, and reasonable expenses, including, without limitation, reasonable attorneys’ fees, relating to or arising out of: (a) any data or information you submit to or through the Services, including, without limitation, the Submitted Information; (b) your use of, or inability to use, the Services; (c)your violation of these Terms of Use, including any warranty that you provided herein; (d) your violation of any rights of another party, including, without limitation, AN ACTION ALLEGING INFRINGEMENT OF COPYRIGHT OR OTHER PROPRIETARY RIGHTS; or (e) your violation of any applicable laws, rules, or regulations in connection with your use of or access to the Licensed Materials. For Eyes reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with For Eyes in asserting any available defenses.
10. Disclaimer of Warranties.
10.1. General Disclaimers.
10.1.1. Use of Services.
You expressly understand and agree that to the fullest extent permitted by applicable law, your use of the Licensed Materials is at your sole risk and the Licensed Materials are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. To the fullest extent permitted by applicable law, the For Eyes Parties (including any predecessors in interest) expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, relating to the Services or any other Licensed Materials, whether provided or owned by For Eyes or by any third party, including, without limitation, the implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer viruses, and warranties implied from a course of performance, course of dealing, or usage in trade.
10.1.2. Operation of Services.
The For Eyes Parties (including any predecessors in interest) make no warranty, representation, or condition that: (i) the Licensed Materials will be uninterrupted, timely, or error-free or that the results of using the Services will meet your requirements; (ii) that the Licensed Materials will be secure; (iii) any errors in the Licensed Materials will be corrected; or (iv) that your use of the Licensed Materials will not result in the loss of, or damage to, your information, information technology network, devices, or any other equipment you use to access the Licensed Materials. The Website and the delivery of other Licensed Materials may be subject to delays, cancellations, and other disruptions. The For Eyes Parties assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store your prescription records or other information through the Website or any mobile application.
10.1.3. Access Outside of the United States.
While we recognize that it is possible for you to obtain access to the Licensed Materials from any jurisdiction in the world, and we have no practical ability to prevent such access, we provide the Licensed Materials for use only by persons physically located within the United States. We make no representation that products, services, or material described in the Licensed Materials are appropriate or available for use in locations outside the United States. Those who choose to access the Licensed Materials from other locations do so on their own initiative and are responsible for compliance with local laws. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. For purposes of this Section, a reference to the United States includes Puerto Rico and any other U.S. territories where For Eyes has a retail location.
10.2. No Warranties Created.
No advice or information, whether oral or written, obtained by you from the For Eyes Parties or through or from the Licensed Materials will create any warranty of any kind. Each of the For Eyes Parties disclaims any and all lability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Licensed Materials.
10.3. Impact of Jurisdiction and Relief.
In certain jurisdictions, the law may not permit or may limit the disclaimer of warranties, so the disclaimers set forth in this Section 10 may not apply to you and may be limited in its application. Termination of your access or use of the Licensed Materials will not waive or affect any other right or relief to which For Eyes may be entitled at law or in equity. Nothing in this Section 10.3 will be interpreted to limit or waive either party’s rights and obligations under Section 12 (Dispute Resolution).
11. Limitation of Liability.
11.1. Special Damages.
To the fullest extent permitted by applicable law, in no event will the For Eyes Parties (including any predecessors in interest) be liable to you, your representatives, or any of your agents for any consequential, exemplary, incidental, indirect, punitive, special, or other damages including, without limitation, any damages resulting from loss of use, data, goodwill, reputation, or savings, or lost profits, or cost of procurement of substitute goods or Services, or failure to provide notice or alert, whether or not the For Eyes Parties have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms of Use or the Services, on any theory of liability (whether such liability is based on contract, tort, negligence, or any other cause of action, including the failure of essential purposes, even if we have been notified of the POSSIBILITY OR likelihood of such damages OCCURRING), resulting or arising from (a) the use or inability to use the Licensed Materials; (b) any other website you access through a link on the Licensed Materials; (c) your access to, use of, or reliance on any of the Licensed Materials or any errors or omission in any of the Licensed Materials; (d) any unauthorized access to or use of the Services or any of the For Eyes Parties servers and any and all personally identifiable or individually identifiable information stored therein; or (e) any bugs, malware, viruses, or any harmful code that may be transmitted to or through the Licensed Materials or the For Eyes Parties network by any third party.
11.2. Cap on Liability.
To the fullest extent permitted under applicable law, if, notwithstanding the other provisions of these Terms of Use, For Eyes is found to be liable to you or any third party for any damage or loss that arises out of or is in any way connected with your use of the Licensed Materials or these Terms of Use, For Eyes’ liability to you or any such third party will in no event exceed the greater of (a) the aggregate amount you paid to For Eyes for the Services during the consecutive 6-month period immediately preceding the day the claim first arose (but not including any advance payments made for products that have not yet shipped or services that were not yet delivered); or (b) US$100.00.
11.3. Basis of the Bargain.
The disclaimers, exclusions, and limitations of liability set forth in these Terms of Use form an essential basis of the bargain between For Eyes and you, and, absent any of such disclaimers, exclusions, or limitations of liability, you understand and agree that the provisions of these Terms of Use, including, without limitation, the economic terms, would be substantially different.
12. Dispute Resolution
12.1. Binding Arbitration.
Please read this Section 12 carefully. It affects your rights. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting the For Eyes customer service department using one of the mechanisms provided on our Contact Us page. If the For Eyes customer service department is unable to resolve a complaint you may have to your satisfaction or if For Eyes is not able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve such disputes through binding arbitration or small claims court (if your claims qualify) instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted. Further, you agree that, by entering into these Term of Use, you and For Eyes are each waiving the right to a trial by jury. For purposes of this Section 12, (a) references to “For Eyes”, “you”, “we”, and “us” include our respective parent companies, subsidiaries, affiliates, and our and their directors, officers, shareholders, employees, agents, predecessors in interest, assigns, and successors-in-interest; and (b) the term “Arbitration Agreement” means the arbitration terms set forth in this Section 12. All amounts in this Arbitration Agreement are in US dollars.
12.2. Agreement to Arbitrate.
For Eyes and you agree to arbitrate all disputes and claims between us. This Arbitration Agreement is intended to be broadly interpreted and includes, without limitation: (a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (b)claims that arose before this or any prior Terms of Use (including, but not limited to, claims relating to advertising); (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (d) claims that may arise after the termination of these Terms of Use.
12.3. Arbitration Process and Fees.
12.3.1. A party hereto who intends to seek arbitration must first send to the other party hereto, by certified mail, a written Notice of Dispute (“Notice”). The Notice must include (i) the party’s name, address where the party can be reached, telephone number where the party can be reached, and, if available, an e-mail address where the party can be reached or, if being submitted by an authorized representative, the representative must provide such individual’s contact information and the nature of the relationship to the For Eyes customer, if applicable; (ii) if applicable, the address of the retail For Eyes location where you purchased your goods or services or, if purchased online, your account username; (iii) if applicable, the date or approximate date of the purchase; (iv) describe the nature and basis of the claim or dispute; (v) provide supporting documentation for the claim or dispute; and (vi) briefly describe the specific relief desired, including the amount of money believed to be owed (if any) or the non-monetary outcome desired (if any) (the “Demand”).
12.3.2. You must provide For Eyes with the Notice by certified mail at the mailing address identified in Section 2 (How to Contact For Eyes) (“Notice Address”) and, if you would like, with a copy by e-mail.
12.3.3. If we do not reach an agreement to resolve the claim within 45 days after the Notice is received at the Notice Address, either you or For Eyes may commence an arbitration proceeding. To initiate an arbitration proceeding, (i)complete a copy of the form entitled “Demand for Arbitration Consumer Arbitration Rules” that is available for download at https://www.adr.org/ConsumerForms (the “Arbitration Form”); (ii) mail a copy of the Arbitration Form using certified mail to For Eyes at the Notice Address and, if you would like, provide a copy of that form to For Eyes by e-mail; and (iii) mail a copy of the Arbitration Form to the American Arbitration Association (“AAA”) at the address and in accordance with the instructions set forth in the form together with the filing fee. As of the posting of these Terms of Use, the filing fee is $200, but is subject to change by the AAA.
12.3.4. After For Eyes receives a copy of the Arbitration Form at the Notice Address and confirms that you successfully filed the Arbitration Form with the AAA, For Eyes will reimburse you for your payment of the filing fee, unless your claim is for greater than $35,000. If yo
