Service Agreement
Last Updated: February 25, 2024
This Service Agreement (“Agreement”) governs your use of
the services of Optimized Eye Care P.C., and its authorized agents (including
Visibly Inc. and Eyecarelive) (collectively “Visibly,” “us” or “we”). By
engaging our services, you agree that you have read, understand, and consent to
this Agreement, thereby establishing a patient-provider relationship with the
healthcare professional assigned to you by Optimized Eye Care, P.C.: By
engaging in our services, you also agree to our Terms of Use, Privacy
Policy, and Privacy Practices.
Eligibility Requirements
In order to qualify for
Prescription Services, the following must be true:
● You are
eighteen (18) to fifty-five (55) years of age.
● You meet our
medical criteria and do not have a history of diabetes, glaucoma, cataracts,
retinal detachment, brain injuries, neurological issues; symptoms of acute eye
pain; or flashes and floaters in your eyes.
● You are
currently located in a State or territory where we provide services.
You are able to follow text or audio instructions; stand and physically move
forward or backward from your computer screen; and cover one eye while
operating a web-enabled phone.
● Your refractive
error, if any, falls into the following categories:
○ Emmetropic
○ Myopic with spherical
power between “-0.25 and -12.00”
○ Hyperopic with
spherical power between “+0.25 and + 6.0 “
○ Astigmatic with
cylinder power between Cyl “-0.25 and -5.00”
○ Presbyopic with
ADD power between “+0.25 and +4.00”
In addition to the above requirements, Visibly reserves the
right to change or include new requirements as deemed appropriate in its sole
discretion without providing additional notice.
Our Services
Visibly provides
healthcare services, including Prescription Services, through the use of the
internet, mobile browser applications, and other interactive electronic
communication technologies. Your Visibly healthcare professional will be
licensed to practice in his/her specialty in the State or territory where you
are located, but the professional will be performing all evaluations remotely
through the use of these electronic technologies. In your State, Visibly’s
services may be considered telehealth or telemedicine.
Visibly reserves the right to deny services to anyone in its sole discretion,
except as prohibited by law.
Under this Agreement,
Visibly agrees to provide the following healthcare and related services
(“Services”):
● Visibly will
provide: (1) access to its technology for you to self-administer a visual
acuity test through use of the internet, and (2) the results of your eye
test(s) (your renewed prescription or whether you should see a doctor in
person, if appropriate).
● Unless you are
determined to be ineligible, or fail to provide Visibly with a prior
prescription or any requested relevant information, Visibly will provide a
licensed healthcare professional qualified to practice medicine or
ophthalmology in your state to evaluate the results of your tests, your prior
prescription, and your medical history , and issue a vision or ocular
prescription, including a prescription for corrective eyewear, if clinically
necessary (“Prescription Services”).
● Visibly may
share your service status and vision and ocular prescription with a qualified
optician or retailer that you have engaged to dispense glasses or contacts, or
to a qualified optician or retailer that directed you to Visibly via a custom
link or Application Programming Interface (API).
Visibly may verify your most recent vision and ocular prescription with the
healthcare provider that issued it.
● Visibly may use
the information you provide (including your medical information) to present
special offers to you from Visibly or 3rd party vendors.
● Visibly will
provide educational and related information on eye health.
● Visibly will
provide a non-comprehensive list of available resources for you to receive an
eye health exam and obtain corrective eyewear.
● Visibly does
not perform a comprehensive eye exam to measure your eye health. Our vision
test only measures your visual acuity.
● On Eyecarelive
and/or Visibly Live on Demand, Visibly may provide a platform for an
audio/visual or “live” remote visit with a physician or optometrist.
● Visibly will
not provide any services for medical emergencies or urgent situations. IF YOU
THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
Your Responsibilities
and Acknowledgements
● You agree that
the Services will be used only for you, and that the identification information
you have provided is accurate and truthful.
● You shall be
responsible for providing accurate health, demographic, geographic and contact
information.
● You shall
appear on time for your appointment if using Eyecarelive and/or Visibly Live on
Demand, and will ensure beforehand that you have the proper electronic
equipment in order to facilitate a live video call.
● You agree to
strictly follow all of the instructions provided by Visibly in your
self-administration of the vision test.
● You understand
that Visibly’s Services DO NOT include a comprehensive eye health examination.
● You agree to
visit an optometrist or ophthalmologist at least every two (2) years to get a
comprehensive eye health examination.
● You agree to
follow the recommendations of Visibly’s licensed healthcare professionals, who
may recommend more frequent visits.
● You agree to
update your contact information within two (2) days of any change.
● You agree to
pay or be responsible for payment of the cost of the Services in accordance
with this Agreement and Visibly’s policies, as it may be changed from time to
time.
● You understand
and agree that Visibly may use your de-identified health information to perform
research to improve the accuracy and efficacy of our technology.
● If asked, you
agree to provide your most recent glasses or contact lens prescription and the
contact information of the healthcare provider that issued the prescriptions.
● If asked, you
agree to retake the Visibly Online Vision Test again in part or in whole.
● You give
Visibly permission to contact your healthcare provider to verify your prior
glasses or contacts prescription on your behalf.
Service Acceptance and
Informed Consent
You have the legal
right and ability to and agree to: (i) enter into this Agreement, (ii) use the
Services for your personal benefit, and (iii) abide by the obligations in the
Agreement. You acknowledge that you understand that Visibly’s Services are provided
through the use of electronic technology. You further acknowledge that you
understand that the Visibly healthcare professional will NOT be in the same
physical location as you at the time the Services are performed. Providing
healthcare services through the use of electronic technology and the remote
participation of healthcare professionals may be considered telehealth or
telemedicine. Among others, the benefits of receiving healthcare services in
this manner include improved access to healthcare professionals, convenience,
and reduced cost.
As with any medical or
health service, there are potential risks associated with the use of services
through the use of electronic technology, including but not limited to:
● The information
transmitted may not be sufficient to allow the healthcare professional to make
an appropriate clinical decision.
● Delays in
transmission, evaluation or treatment due to equipment or connectivity failure.
● Lack of access
to your full medical history and/or condition due to the remote location of the
healthcare professional.
● Breach of
privacy of personal information due to a failure of security systems or
protocols.
Visibly’s vision test,
like an in-person eye refraction examination, is not perfect or absolute. You
understand that while the Visibly vision test is designed to assess visual
acuity, which shall be limited specifically to near sighted/myopia, far
sighted/hyperopia, astigmatism, presbyopia, emmetropia, or any combination of
these, the vision test process is not perfect or absolute. As explained in
greater detail on our website, www.govisibly.com (“Site”), there is a
statistical possibility that a vision test may yield an inaccurate evaluation,
which may result in the generation of uncomfortable or inaccurate corrective
eyewear and the need for a patient to retake the vision test. An uncomfortable
or inaccurate corrective eyewear prescription may cause eye strain, headaches,
blurry vision, double vision, or overall general eye pain. You understand that
if you experience any of the described adverse effects, you will immediately
(a) remove the glasses or contacts causing this issue, (b) contact us at
info@govisibly.com, and (c) follow any recommendations we provide you for
seeking additional care.
You acknowledge and
agree that you are making an informed decision to use the Services, and have
been given all necessary and relevant information to make that decision. By
entering into this Agreement and/or accepting the Services, you agree that:
● You are a
patient of Visibly and are entering into a patient-provider relationship with
the healthcare professional assigned to you by Optimized Eye Care, P.C.
● You may expect
the anticipated benefits from the use of Visibly’s Services, but no results can
be guaranteed or assured.
● You could
receive similar services from a local healthcare provider, but you are choosing
to receive these services from Visibly through the use of electronic technology
and a remote healthcare professional.
● You are giving
permission for Visibly to send your service status and vision and ocular
prescription to a qualified healthcare provider or retailer with appropriate
authorization.
● You are giving
permission for Visibly to share your service status and vision and ocular
prescription with a qualified healthcare provider or retailer that you have
engaged to dispense glasses or contacts.
● You are giving
permission for Visibly to share your service status and vision and ocular
prescription with a 3rd party that you designate or to a qualified optician or
retailer that directed you to Visibly via a custom link.
● You are giving
permission for Visibly to send your contact information, service status and
vision and ocular prescription to a qualified retailer with appropriate
authorization.
● You are giving
permission for Visibly to record voice and sound via your device for the
purposes of providing the Visibly Online Vision Test. Your responses may be
transcribed into text, which may be stored securely with the rest of your test
data.
● You are giving
permission for Visibly to record voice and sound via your device for the
purposes of facilitating a remote visit with an optometrist or physician,
should you select that portion of the Services.
● You agree to
receive email and text communications from Visibly based on your health
information that may contain commercial advertisements or promotions for
services or products from Visibly or a 3rd party with whom Visibly has a
financial relationship and may benefit from your purchase of the service or
product.
● You are giving
permission (consent) to Visibly, and specifically Optimized Eye Care, P.C., to
provide a vision acuity assessment and/or screening, evaluate the results, and
issue you a vision or ocular prescription, including a prescription for
corrective eyewear, if clinically necessary.
● If you obtain a
prescription for corrective eyewear, you agree that it is solely for your
personal use.
You agree to fully and
carefully read all provided product information and labels and to contact us or
a local optometrist or ophthalmologist if you have any questions regarding the
prescription.
Privacy and Security
Visibly respects your
privacy and takes privacy very seriously. By accepting this Agreement, you
consent to Visibly’s use and disclosure of your personally identifiable
information, including health information, provided to us or developed while
receiving Services as outlined in our Privacy Policy and Notice of Privacy
Practices, which are part of the Agreement.
Information that you provide
to us or that we collect about you through your access to and use of the Site
is subject to our Privacy Policy, and any health information collected about
you will be governed by our Notice of Privacy Practices. We encourage you to
read and become familiar with our Privacy Policy.
Electronic Health
Record
Visibly maintains an
Electronic Health Record (“EHR”) system and creates a record for each patient
as part of your online account (“Patient Chart”). Your Patient Chart is created
to store your personally identifiable information, including your health
conditions and other Personal Health Information (“PHI”). Information provided
as part of the Visibly registration process or your communication with an
Visibly representative may, if appropriate, be maintained in your Patient Chart
and relied on by our healthcare professionals in providing our Services. You
agree to provide accurate information, review the information in your Patient
Chart, and to update such information, as needed.
You may request your Patient
Chart for four years or the period required by State or Federal law, whichever
is longer. For additional information regarding use of your Patient Chart and
your rights relating to PHI and other health information we collect or maintain
about you, please see our Privacy Policy and Notice of Privacy Practices.
Public Health Reporting
Visibly may be required
by law to disclose certain health information to federal and/or state public
health agencies to report, prevent, or control disease, injury or disability.
Visibly may or may not provide you notice of our compliance with these legal
requirements.
Payment of Fees and
Cancellation Policy
Visibly will accept
payment for Services in the following manner:
● From you.
● From other
sources authorized by you to make a payment to Visibly on your behalf,
including, but not limited to other healthcare professionals, retail eyewear
providers, etc.
● From your
health insurance plan (“Plan”), if Visibly has a contract or other arrangement
with your plan. If Visibly does not have a contract or other arrangement with
your Plan, you will be responsible for paying Visibly directly.
Visibly DOES NOT accept
payment from Medicare, Medicaid, TriCare, or any other government sponsored
health program.
Visibly accepts various
forms of electronic payment in accordance with Visibly policies and this
Agreement. Visibly currently accepts electronic payments made by credit or
debit card, pre-paid cards such as gift cards or health-savings accounts.
Visibly is subject to
complex laws and regulations that are constantly evolving and vary from state
to state. Specific billing practices and service availability may be amended
periodically to comply with changes in the law or guidance from Plans and regulatory
authorities.
If you direct Visibly
to accept payment for your Services from another eligible source, Visibly will
accept payment in accordance with a separate agreement or understanding between
Visibly and the eligible source. Visibly will not initiate Services until
payment is received or arranged to be received from the eligible source.
If you choose to use
your Plan for payment, Visibly will initially charge your credit, debit or
other source for the cost of your Services and submit a claim to your Plan in
accordance with your Plan’s requirements. You agree to pay any necessary
co-pays or deductibles as required by your Plan. Once Visibly receives payment
from your Plan, Visibly will credit your card in the amount received. If your
Plan denies coverage for any Services, Visibly will retain the amount initially
charged to your card as payment in full.
You can cancel or
change your request for services at any time prior to submitting your order for
purchase of our Services. Once an order for Services has been submitted for
purchase, you will be responsible for full payment of the Services, even if you
do not receive a prescription.
All purchases must be
completed, including full payment, and prescriptions issued within 30 days of
starting the online vision test process. In order to complete the purchase you
must make full payment, provide Visibly with a prior prescription or any
requested relevant information, and have retaken the vision test if necessary
as directed by Visibly.
If you fail to complete
your purchase within the required 30 days and have paid for your vision test,
you will be given an additional 30 days to complete your purchase and receive a
prescription by retaking the vision test and providing all necessary
information to Visibly. You will not be charged for this additional vision
test.
All prescriptions must
be issued within 30 days of starting the online vision test process. If
requested, you must provide Visibly with a prior prescription and any requested
relevant information within this time frame.
Within 30 days after
completing your purchase, you must provide Visibly with a prior prescription or
any requested relevant information or retake the vision test as directed by
Visibly.
If you do not provide
Visibly with the necessary information and/or retake your vision test within 60
days of completing your purchase, your purchase will be deemed abandoned and
you will have to re-purchase and retake the vision test at your own expense to
receive a prescription.
Visibly will not refund
any payments for an abandoned purchase.
Visibly reserves the
right to refund any purchase in its sole discretion.
These cancellation
terms are applicable irrespective of the source of the payment for the
Services.
Term and Termination
This Agreement shall
commence on the date you acknowledge acceptance of this Agreement. Either you
or Visibly may terminate this Agreement and your right to use Visibly at any
time, with or without cause. This Agreement and any licenses granted to access
the EHR shall terminate without notice in the event you (or any authorized
person using your account) fail to comply with the terms and conditions of this
Agreement. Visibly shall retain your Patient Chart in the EHR for a period of
time as required by law.
Limitation of
Liability: Indemnification
TO THE FULL EXTENT
PERMITTED BY LAW, AND EXCLUDING THE ACCURACY OF THE VISION TEST : (a) IN NO
EVENT WILL VISIBLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT
OR THE SERVICES, EVEN IF VISIBLY HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) IN ANY EVENT, VISIBLY’S TOTAL
AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, FOR ALL CLAIMS OF ANY
KIND (INCLUDING, BUT NOT LIMITED TO, ANY CLAIM RELATED TO THE SERVICES
PERFORMED BY VISIBLY HEREUNDER OR YOUR USE THEREOF), WILL NOT EXCEED THE AMOUNT
YOU HAVE PAID TO VISIBLY DURING THE ANNUAL PERIOD IMMEDIATELY PRECEDING THE
FIRST EVENT GIVING RISE TO SUCH LIABILITY.
To the extent permitted
by law and excluding the accuracy of the vision test, you agree to release,
indemnify and hold Visibly and its shareholders (excluding any physicians
practicing telemedicine through Optimized Eye Care) harmless for claims or
expenses arising from injury or personal damage that occurs in connection with
your misuse of the Site, your choice of payment method, or your receipt of
notices or information at your contact address.
Disputes
You agree that this
Agreement is governed by the laws of the State of Illinois, without regard to
choice of law rules. Any dispute arising out of or relating to this Agreement,
including the determination of the scope or applicability of this clause, shall
be settled by binding arbitration administered by JAMS (www.jamsadr.com) in
accordance with its Streamlined Arbitration Rules and Procedures. The
arbitration shall be heard by a single arbitrator, and shall be conducted in
Cook County, Illinois. Each party shall bear his, her, or its own costs
relating to such arbitration, and the parties shall equally share the
arbitrator’s fees. Judgment on any award resulting from such arbitration may be
entered in any court having jurisdiction. If this arbitration provision is
deemed invalid, the parties agree that the court of proper and exclusive
jurisdiction to resolve any action arising out of this agreement shall be a
state or federal court located in Cook County, Illinois.EACH PARTY TO THIS
AGREEMENT HEREBY WAIVES ANY RIGHT HE, SHE, OR IT MAY HAVE TO PARTICIPATE IN ANY
CLASS ACTIONS OR CLASS ARBITRATIONS.
Notice
Visibly will generally
communicate with you using the email address or telephone number you provided
to Visibly. In some circumstances, we may communicate with you using the
mailing address you provided to Visibly. You may contact Visibly on all matters
relating to your order or services provided by us by using the following
resources:
Optimized Eye Care P.C.
207 East Ohio Street #233
Chicago, IL 60611
For Customer Service
inquiries, contact our Vice President of Operations at 866-314-6941.
For our
Compliance/Ethics Hotline, contact our us at 773-985-6687.
Amendments
This Agreement may be
amended at any time by Visibly upon providing you notice prior to the effective
date of the amendment. If you do not agree with the terms of any such
amendment, you may terminate the Agreement as provided in the Termination
Section.
General Provisions
This Agreement and any
related emails or other written documents from Visibly that specifically
address the Services shall constitute the complete agreement between Visibly,
Inc., Optimized Eye Care, PC, and you with regard to the Services, and shall
supersede all prior and contemporaneous agreements, proposals, representations,
warranties, or promises, whether written or oral, relating to the Service. In
the event of conflict between this Agreement and any other written document,
this Agreement shall control, unless the written document specifically states
otherwise.
Visibly may subcontract
some or all of its obligations under this Agreement, without providing any
prior notice to you.
If any provision of
this Agreement is, for any reason, deemed unenforceable or in violation of law,
such unenforceability or violation will not affect the remaining provisions of
this Agreement, which will continue in full force and effect and be binding
upon the parties hereto.
Introduction
These terms and
conditions of use (“Terms of Use”) govern your use of Visibly’s (“we,” “our,”
or “Company”) online interfaces and properties (e.g. websites and mobile
applications) owned and controlled by Visibly, including the Visibly, Inc.
website (collectively, the “Site”) and Eyecarelive website. PLEASE READ THESE
TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT
YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL
LEGAL DISPUTES BETWEEN YOU AND VISIBLY AND WAIVING ANY RIGHT TO PARTICIPATE IN
A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Your compliance with these
Terms of Use is a condition to your use of the Site. If you do not agree to be
bound by the Terms of Use, promptly exit this Site. By continuing to use this
Site, registering with or shopping at the Site, you accept these Terms of Use,
including the arbitration provision and class action waiver. By using this
Site, you also affirm that you are able and legally competent to agree to and
comply with these Terms of Use. If you do not meet these requirements, you must
not register for or purchase products from the Site. If at any time you do not
accept all of these Terms of Use, you must immediately stop using the Site.
Please also consult our Privacy Policy for a description of our privacy
practices and policies. The personal information you submit to Visibly, Inc.
and the Site is governed by the Privacy Policy. To the extent there is an
inconsistency between these Terms of Use and the Privacy Policy, these Terms of
Use shall govern.
We are committed to
protecting the privacy of children. You should be aware that this Site is not
intended or designed to attract children under the age of 18. We do not collect
personally identifiable information from any person we actually know is a child
under the age of 18.
Company’s failure to
exercise or enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision.
Ownership Of The Site
All pages within this
Site and any material accessed, sent or made available for use or download
through this Site are the property of Visibly, Inc. or its licensors, excluding
any eyeglass or contact lens prescriptions may not be copied, distributed,
modified, reproduced, published or used, in whole or in part, except for
purposes authorized or approved in writing by Company. The Site is protected by
United States and international copyright and trademark laws. The Contents of
the Site, including without limitation, files, documents, text, copy, graphics,
illustrations, photographs, images, audio, video and other visuals, and any
materials accessed, sent or made available for use or download through this
Site, exclusive of any eyeglass or contact lens prescriptions (“Content”) may
not be copied, distributed, modified, reproduced, published or used, in whole
or in part, except for purposes authorized or approved in writing by Company.
You may not frame or utilize framing techniques to enclose, or deep link to,
any name, trademarks, service marks, logo, Content or other proprietary
information (including images, text, page layout, or form) of Company without
our express written consent.
License to Access and
Use
You may access and use
the Site only for your personal use. Any other access to or use of the Site
constitutes a violation of these Terms and may violate applicable copyright,
trademark, or other laws. We make no representation that the Site is
appropriate or available for use in locations other than the United States. If
you choose to access this Site from locations other than in the United States,
you do so at your own initiative, at your own risk, and are responsible for
complying with applicable local laws.
You may not access,
use, or copy any portion of the Site or of the Content through the use of bots,
spiders, scrapers, web crawlers, indexing agents, or other automated devices or
mechanisms. You agree not to remove or modify any copyright notice or trademark
legend, author attribution, or other notice placed on or contained within any
content on the Site. Except as expressly authorized by us in writing, in no
event will you reproduce, redistribute, duplicate, copy, sell, resell, or
exploit for any commercial purpose, any portion of the Site or its content or
any access to or use of the Site or its content.
The U.S. export control
laws regulate the export and re-export of technology originating in the United
States. This includes the electronic transmission of information and software
to foreign countries and to certain foreign nationals. You agree to abide by these
laws and their regulations-including but not limited to the Export
Administration Act and the Arms Export Control Act and not to transfer, by
electronic transmission or otherwise, any content derived from this Website to
either a foreign national or a foreign destination in violation of such laws.
Site Security
You are prohibited from
violating or attempting to violate the security of the Site, including, without
limitation, (a) accessing data not intended for such user or logging onto a
server or an account which the user is not authorized to access; (b) attempting
to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; and (c)
accessing or using the Site or any portion thereof without authorization, in
violation of these Terms of Use or in violation of applicable law. Violations
of system or network security may result in civil or criminal liability.
Company will investigate occurrences that may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting users
who are involved in such violations. You agree not to use any device, software
or routine to interfere or attempt to interfere with the proper working of this
Site or any activity being conducted on this Site
Accuracy and Integrity
of Information
Although Company
attempts to ensure the integrity and accurateness of the Site, it makes no
representations, warranties or guarantees whatsoever as to the correctness or
accuracy of the Site and any Content, excluding the accuracy of the vision
test. It is possible that the Site or any Content could include typographical
errors, inaccuracies or other errors, and that unauthorized additions,
deletions and alterations could be made to the Site by third parties. In the
event that an inaccuracy arises, please inform Company so that it can be
corrected. Information contained on the Site may be changed or updated without
notice. Additionally, excluding the accuracy of the vision test, Company shall
have no responsibility or liability for information or Content posted to,
accessed through, sent through or made available for use or download through
the Site by any health care providers or non-Company affiliated third party.
Access to Site;
Indemnification
You must be at least
eighteen (18) years old and able to form legally-binding contracts to access or
use the Site. For those portions of the Site that have access limited by
requiring a user ID and password (“Protected Areas”), you agree to access
Protected Areas using only your user ID and password as provided to you by
Company. You agree to protect the confidentiality of your user ID and password,
and not to share or disclose your user ID or password to any third party. You
agree that you are fully responsible for all activity occurring under your user
ID. You are responsible for taking all reasonable steps to ensure that no
unauthorized person shall have access to your ID, passwords or accounts. It is
your sole responsibility to (1) control the dissemination and use of login
name, screen name and passwords; (2) authorize, monitor, and control access to
and use of your account and password; and (3) promptly inform the Company if
you believe your account or password has been compromised or if there is any
other reason you need to deactivate a password. Your access to the Site may be revoked
by Company at any time with or without cause. You are solely responsible for
any activity that occurs through your account or through your personal device
in connection with the Site. Similarly, for any portion of the Site that you
are able to access without creating an account, you are solely responsible for
any activity that occurs through your personal device in connection with the
Site. In order for Company to provide you the best possible service, you agree
to provide it with complete, accurate, and updated information for your account
at all times. If any information is incorrect or outdated, it can lead to
errors or delays, for which Company will not be responsible. Excluding the
accuracy of the vision test, you agree to defend, indemnify and hold Company
harmless from and against all third party claims, damages and expenses
(including reasonable attorneys’ fees) against or incurred by Company arising
out of your breach of these Terms of Use or violation of applicable law, your
use or access of the Site and/or any Content, or access by anyone accessing the
Site and/or any Content using your user ID and password.
Links to Other Sites
The Company may provide
links to third-party web sites. The Company also may select certain sites as
priority responses to search terms you enter and the Company may agree to allow
advertisers to respond to certain search terms with advertisements or sponsored
content. The Company does not recommend and does not endorse the content on any
third-party websites. The Company makes no representations whatsoever about any
other website that you may access through this Site. The Company is not
responsible for the content of linked third-party sites, sites framed within
the Site, third-party sites provided as search results, or third-party
advertisements, and does not make any representations regarding their content
or accuracy. When you access a non-Company site, please understand that it is
independent from Company, and that Company has no control over the Content on
that website. In addition, a link to a non-Company website does not mean that
Company endorses or accepts any responsibility for the Content, or the use, of
the linked site. It is up to you to take precautions to ensure that whatever
you select for your use or download is free of such items as viruses, worms,
Trojan horses, and other items of a destructive nature. If you decide to access
any of the third party sites linked to this Site, you do this entirely at your
own risk.
Submissions to the Site
If you submit, upload
or post any comments, ideas, suggestions, information, files, images or other
materials to us or our Site (“Submissions”) you agree to not include any
Submissions that (1) are defamatory, abusive, libelous, unlawful, obscene,
threatening, harassing, fraudulent, pornographic, or harmful, or that could
encourage criminal or unethical behavior, (2) violate or infringe the privacy,
copyright, trademark, trade dress, trade secrets or intellectual property
rights of any third person or entity, or (3) contain or transmit a virus or any
other harmful component. You agree not to contact other Site users, including
health care providers, through unsolicited e-mail, telephone calls, mailings or
any other method of communication. By making a Submission, you automatically
grant, and you represent and warrant that you have the right to grant, to
Company an irrevocable, perpetual, non-exclusive, transferable, royalty-free,
worldwide license (with the right to sublicense) to use, copy, adapt, publish,
publicly perform, publicly display, reformat, translate, excerpt (in whole or
in part) and distribute such Submission for any purpose, commercial,
advertising, or otherwise, on or in connection with the Site or the promotion
thereof, to prepare derivative works of, or incorporate into other works, such
Submission, and to grant and authorize sublicenses of the foregoing. By making
a Submission, you represent that you have all requisite rights to, and are
authorized to disclose, all of the information contained in the Submission. You
are fully responsible for any Submission you make and for the legality,
reliability, appropriateness, and originality thereof. Company is and shall be
under no obligation (1) to maintain any Submissions in confidence; (2) to pay
to you any compensation for any Submissions; or (3) to respond to any user
Submissions.
Company does not
regularly review posted Submissions, but does reserve the right (but not the
obligation) to monitor and edit or remove any Submissions submitted to the
Site. You grant Company the right to use the name that you submit in connection
with any Submissions. You agree not to use a false email address, impersonate
any person or entity, or otherwise mislead as to the origin of any Submissions.
You are and shall remain solely responsible for the content of any Submissions
you make. Company and its affiliates take no responsibility and assume no
liability for any Submissions submitted by you or any third party.
You agree to defend,
indemnify and hold Company harmless from and against all third party claims,
damages and expenses (including reasonable attorneys’ fees) against or incurred
by Company arising out of any Submissions you post or allow to posted to the
Site.
Claims of Copyright
Infringement
We disclaim any
responsibility or liability for copyrighted materials posted on our Site. If
you believe that your work has been copied in a manner that constitutes
copyright infringement, please follow the procedures set forth below. Company
respects the intellectual property rights of others and expects its users to do
the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we
will respond promptly to notices of alleged infringement that are reported to
Company’s Designated Copyright Agent, identified below.
Notices of Alleged
Infringement for Content Made Available Through the Site
If you are a copyright
owner, authorized to act on behalf of one, or authorized to act under any
exclusive right under copyright, please report alleged copyright infringements
taking place on or through our Site by sending us a notice (“Notice”) complying
with the following requirements.
● Identify the
copyrighted works that you claim have been infringed.
● Identify the
material or link you claim is infringing (or the subject of infringing
activity) and that access to which is to be disabled, including at a minimum,
if applicable, the URL of the link shown on the Site where such material may be
found.
● Provide your
mailing address, telephone number, and, if available, email address.
● Include both of
the following statements in the body of the Notice
○ “I hereby state
that I have a good faith belief that the disputed use of the copyrighted
material is not authorized by the copyright owner, its agent, or the law (e.g.,
as a fair use).”
○ “I hereby state
that the information in this Notice is accurate and, under penalty of perjury,
that I am the owner, or authorized to act on behalf of the owner, of the
copyright or of an exclusive right under the copyright that is allegedly
infringed.”
● Provide your
full legal name and your electronic or physical signature.
Deliver this Notice,
with all items completed, to our Copyright Agent:
Paul Foley
Visibly, Inc.
207 East Ohio Street #233
Chicago, IL 60611
Counter Notices
A poster of allegedly
infringing material may make a counter notice pursuant to the DMCA. When
Company receives a counter notice, it may reinstate the material in question.
To provide a counter notice to us, please provide the following information to
our Designated Copyright Agent.
● Identification
of the material that has been removed or to which access has been disabled on
the Site and the location at which the material appeared before it was removed
or access to it was disabled.
● A statement as
follows: “I hereby state under penalty of perjury that I have a good faith
belief that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled.”
● Your name,
address, telephone number and, if available, email address.
● A statement as
follows: “I hereby consent to the jurisdiction in the state or federal courts
located in Cook County, Illinois, and I will accept service of process from the
complaining party who notified us of the alleged infringement or an agent of
such person.”
● Provide your
full legal name and your electronic or physical signature.
The Counter Notice
should be delivered to the following Designated Copyright Agent of Company:
Paul Foley
Visibly, Inc.
207 East Ohio Street #233
Chicago, IL 60611
Patents
One or more patents may
apply to this Site including, without limitation, those listed under our Patent
Information page.
Disclaimer of
Warranties
EXCLUDING THE ACCURACY
OF THE VISION TEST, COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE
AND/OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. EXCLUDING THE ACCURACY
OF THE VISION TEST, THIS SITE (INCLUDING (A) ANY SITE-RELATED SERVICE AND (B)
ANY CONTENT OR INFORMATION CONTAINED WITHIN, ACCESSED THROUGH, SENT THROUGH OR
MADE AVAILABLE FOR USE OR DOWNLOAD THROUGH THE SITE), IS PROVIDED “AS IS,” WITH
ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION,
QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. EXCLUDING THE ACCURACY OF THE
VISION TEST, COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
EXCLUDING THE ACCURACY OF THE VISION TEST, COMPANY DOES NOT WARRANT THE
ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT OR INFORMATION OBTAINED
THROUGH THE SITE.
Without limiting the
foregoing, and excluding the accuracy of the vision test, Company, its licensors,
and its suppliers make no representations or warranties about the following:
● The accuracy,
reliability, completeness, currentness, or timeliness of the Content, software,
text, graphics, links, or communications provided on or through the use of the Site
or the Company’s services.
● The
satisfaction of any government regulations requiring disclosure of information
on prescription eyeglass or contact lens products (or other products) or the
approval or compliance of any software tools with regard to the Content
contained on the Site.
EXCLUDING THE ACCURACY
OF THE VISION TEST, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THIS SITE, THE CONTENT, SITE-RELATED SERVICES, AND LINKED WEBSITES. EXCLUDING
THE ACCURACY OF THE VISION TEST, ALL SERVICES AND CONTENT ARE PROVIDED “AS IS”
WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AND USE OF SERVICES AND CONTENT IS
AT YOUR OWN RISK. COMPANY DOES NOT WARRANT THAT FILES SENT OR MADE AVAILABLE
FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE
PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO
SATISFY YOUR NEEDS FOR DATA BACK-UP AND SECURITY. WARRANTIES RELATING TO ANY
PRODUCTS OR SERVICES OFFERED, SOLD AND/OR DISTRIBUTED BY COMPANY ARE SUBJECT TO
SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION
WITH THE APPLICABLE PRODUCTS OR SERVICES. COMPANY DOES NOT WARRANT THAT PRODUCT
DESCRIPTIONS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE. IF A PRODUCT OFFERED ON THE SITE IS NOT AS DESCRIBED, YOUR SOLE
REMEDY IS TO RETURN IT IN UNUSED CONDITION.
Medical Advice
Disclaimer
The Contents of the
Site are for informational and limited use purposes only. The Content is not
intended to be a substitute for professional medical advice, diagnosis, or
treatment and does not constitute medical advice or other professional advice.
Always seek the advice of your physician or other qualified health provider
with any questions you may have regarding a medical condition before making
medical or healthcare decisions. If you think you may have a medical emergency,
call your doctor or 911 immediately. Never disregard professional medical
advice or delay in seeking it because of something you have read on the Site.
The Company does not provide any healthcare treatment services, consultation or
medical advice; the sole purpose of the Company is to provide education, eye
care services, or a limited eyeglass or contact lens prescription based upon
information submitted and exam result analyzed by a licensed ophthalmologist.
If you experience any pain, symptoms, blurred vision, “seeing floaters” or other
maladies of the eye, consult your physician immediately or call 911. The
Content of the Site, including without limitation any Content accessed, sent or
made available for use or download through this Site (inclusive of any
information transmitted by third parties and/or healthcare providers and
eyeglass or contact lens prescriptions) does not constitute professional
medical advice, diagnosis, or treatment by the Company of any kind. You should
always seek the advice of your qualified healthcare professionals with any
questions or concerns you may have regarding your individual needs and any
medical conditions. The Company does not recommend or endorse any specific
tests, healthcare providers, physicians, products, treatments, therapeutics,
pharmaceuticals, devices, procedures, opinions or other information that may be
included on, accessed through, sent through or made available for use or
download through the Site.
Limitation of Liability
Regarding Use of Site
EXCLUDING THE ACCURACY
OF THE VISION TEST, COMPANY, ITS SUPPLIERS, LICENSORS AND ANY THIRD PARTIES
MENTIONED ON THIS SITE SHALL NOT BE AND ARE NEITHER RESPONSIBLE NOR LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA,
OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE,
CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDING THE
ACCURACY OF THE VISION TEST, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
SITE, CONTENT, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE. EXCLUDING THE
ACCURACY OF THE VISION TEST, COMPANY, ITS SUPPLIERS, LICENSORS AND ANY THIRD
PARTIES MENTIONED ON THIS SITE SHALL NOT BE AND ARE NEITHER RESPONSIBLE NOR
LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY, ARISING OUT OF OR
RELATING IN ANY WAY TO THE USE OR MISUSE OF THE SITE, THE CONTENT OFFERED BY
THE COMPANY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY.
TO THE EXTENT YOU ARE DISSATISFIED WITH THE VISION TEST IN ANY WAY, YOUR SOLE
REMEDY IS TO REQUEST A REFUND FOR THE VISION TEST. TO THE EXTENT YOU ARE
DISSATISFIED WITH A PRODUCT SOLD ON THE SITE IN ANY WAY, YOUR SOLE REMEDY IS TO
RETURN IT IN UNUSED CONDITION. TO THE EXTENT ANY ASPECTS OF THE FOREGOING
LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY
TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
Termination of Access
We reserve the right,
in our discretion, to terminate your access to all or part of the Site, without
notice or liability, for any reason, including, but not limited to: (a) the
unauthorized use of any username or password, or (b) the breach of any
agreement between you and Company, including, without limitation, these Terms.
Following any such termination of access, you will continue to be bound
hereunder to the fullest extent applicable. You may not access the Site after
your access is terminated without our written approval.
SMS/MMS Mobile Message
Marketing Program (Including Cart Reminders)
(a) When you opt-in to
the service, we will send you an SMS message to confirm your signup.
(b) Our messaging
service will be used for marketing communications (including company updates,
events, sales, shopping cart reminders, etc.).
(c) You can cancel the
SMS service at any time. Just text “STOP” to the short code. After you send the
SMS message “STOP” to us, we will send you an SMS message to confirm that you
have been unsubscribed. After this, you will no longer receive SMS messages
from us. If you want to join again, just sign up as you did the first time and
we will start sending SMS messages to you again.
(d) If at any time you
forget what keywords are supported, just text “HELP” to the short code. After
you send the SMS message “HELP” to us, we will respond with instructions on how
to use our service as well as how to unsubscribe.
(e) We are able to
deliver messages to the following mobile phone carriers: Major carriers:
AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel,
Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications
Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of
East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell
Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat
Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat
Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular,
iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic
(Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle
Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP
Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless,
and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for
delayed or undelivered messages***
(f) As always, message
and data rates may apply for any messages sent to you from us and to us from
you. Frequency of messages may vary. If you have any questions about your text
plan or data plan, it is best to contact your wireless provider. For all
questions about the services provided by this short code, you can send an email
to info@govisibly.com.
If you have any
questions regarding privacy, please read our Privacy Policy.
Dispute Resolution;
Arbitration Agreement
We will try to work in
good faith to resolve any issue you have with Site, including services and/or
Content ordered, accessed, sent or made available for use or download through
the Site, if you bring that issue to the attention of our customer service
department. However, we realize that there may be rare cases where we may not
be able to resolve an issue to a customer’s satisfaction.
You and Company agree
that any dispute, claim or controversy arising out of or relating in any way to
your use of the Site, including services and/or Content ordered, accessed, sent
or made available for use or download through the Site, shall be determined by
binding arbitration instead of in courts of general jurisdiction. Arbitration
is more informal than bringing a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury, and is subject to very limited review by
courts. Arbitration allows for more limited discovery than in court, however,
we agree to cooperate with each other to agree to reasonable discovery in light
of the issues involved and amount of the claim. Arbitrators can award the same
damages and relief that a court can award, but in so doing, the arbitrator
shall apply substantive law regarding damages as if the matter had been brought
in court, including without limitation, the law on punitive damages as applied
by the United States Supreme Court. You agree that, by agreeing to these Terms
of Use, the U.S. Federal Arbitration Act governs the interpretation and
enforcement of this provision, and that you and Company are each waiving the
right to a trial by jury or to participate in a class action. This arbitration
provision shall survive termination of these Terms of Use and any other
contractual relationship between you and Company.
If you desire to assert a claim against
Company, and you therefore elect to seek arbitration, you must first send to
Company, by certified mail, a written Notice of your claim (“Notice”). The
Notice to Company should be addressed to: Visibly, Inc, Attn: Paul Foley; 207
East Ohio Street #233, Chicago, IL 60611 (“Notice Address”). If Company desires
to assert a claim against you and therefore elects to seek arbitration, it will
send, by certified mail, a written Notice to the most recent address we have on
file or otherwise in our records for you. A Notice, whether sent by you or by
Company, must (a) describe the nature and basis of the claim or dispute, and
(b) set forth the specific relief sought (“Demand”). If Company and you do not
reach an agreement to resolve the claim within 30 days after the Notice is
received, you or Company may commence an arbitration proceeding or file a claim
in small claims court. During the arbitration, the amount of any settlement
offer made by Company or you shall not be disclosed to the arbitrator. You may
download or copy a form Notice and a form to initiate arbitration from the
American Arbitration Association at www.adr.org. The arbitration will be
governed by the Commercial Arbitration Rules and the Supplementary Procedures
for Consumer Related Disputes (collectively, “AAA Rules”) of the American
Arbitration Association (“AAA”), as modified by these Terms of Use, and will be
administered by the AAA. The AAA Rules and Forms are available online at
www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from
us by writing to us at the Notice Address. The parties will mutually agree upon
an arbitrator. The arbitrator is bound by the terms of these Terms of Use. All
issues are for the arbitrator to decide, including issues relating to the scope
and enforceability of these Terms of Use, including this arbitration agreement.
Unless Company and you agree otherwise, any arbitration hearings will take
place in Cook County, Illinois. The payment of all filing, administration and
arbitrator fees will be governed by the AAA Rules. Each party shall pay for its
own costs and attorneys’ fees, if any. However, if any party prevails on a
statutory claim that affords the prevailing party attorneys’ fees, or if there
is a written agreement providing for payment or recovery attorneys’ fees, the
arbitrator may award reasonable fees to the prevailing party, under the
standards for fee shifting provided by law.
YOU AND COMPANY AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Company agree otherwise, the arbitrator may not
consolidate more than one person’s claims with your claims, and may not
otherwise preside over any form of a representative or class proceeding. The
arbitrator may award declaratory or injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to provide
relief warranted by that party’s individual claim.
If this specific provision is found to be
unenforceable, then (a) the entirety of this arbitration provision shall be
null and void, but the remaining provisions of these Terms of Use shall remain
in full force and effect, and (b) exclusive jurisdiction and venue for any
claims will be in state or federal courts in Cook County, Illinois.
Terms of Sale
Availability and
Pricing. All products offered for sale are subject to availability and we
reserve the right to impose quantity limits on any order or reject all or any
part of an order without prior notice. Prices for products are subject to
change at any time, but changes will not affect any order for products you have
already placed.
Taxes. You are responsible for any applicable
sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”)
due with respect to your purchase of products or services through our Site. We
will collect applicable Taxes if we determine we have a duty to collect Taxes.
We will present an estimate of Taxes we collect at checkout, except where we
have clearly stated in writing that a price includes Taxes. The actual Taxes
charged may be adjusted from the amount shown at checkout. Several factors may
cause this, such as variances between processor programs and changes in tax
rates. We are not required to, and do not, collect Taxes in all states. You may
have a duty to directly report and pay Taxes if we do not collect such Taxes.
Payment. Only valid payment methods acceptable
to us may be used to complete a purchase via the Site. You represent and
warrant that you are authorized to use your designated payment method. You
authorize us to charge your designated payment method for the total amount of
your order (including any applicable taxes and shipping and handling charges).
If any of the products in your order are unavailable, we will only charge the
prices, Taxes and other applicable charges associated with the products that
are included in the shipment.
Shipping; Risk of Loss. You agree to pay any
shipping and handling charges shown at the time you make a purchase. We reserve
the right to increase, decrease, add or eliminate shipping and handling charges
from time to time, but we will provide notice of the changes applicable to you
before you make your purchase. Any delivery dates or times shown as part of the
checkout process are estimates only and are not guaranteed. Unless we state
otherwise in writing, risk of loss or damage to a product passes to you upon
delivery of the product to our designated carrier.
Returns. Please see our Fulfillment Policy for
information about returning products you have purchased from us.
Errors. In the event of an error, we reserve
the right to correct the error and revise your order accordingly (which
includes charging the correct price) or to cancel the order and refund any
amount charged.
Products Sold As Is. The products we sell are
manufactured by other companies. The manufacturer may offer its own warranty,
but unless otherwise stated on the product page, we do not offer a warranty on
those products. That means they are sold by “as is” and “with all faults.” If
the manufacturer offers a limited warranty for the product, it can usually be
found on the manufacturer’s website or with the product packaging. For any
product sold via the Site, you agree that your remedy is solely with the
product manufacturer and not Visibly.
We reserve the right to remedy customer issues
and concerns on a case by case basis. We reserve the right, in our sole
discretion, to resolve customer issues and concerns based on the facts and
circumstances of each customer.
Reselling Prohibited. You are absolutely
prohibited from reselling in any manner any products you purchase from the
Site.
Revisions; General
In the event that any
of the Terms of Use are held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary so that these Terms of Use shall
otherwise remain in full force and effect. These Terms of Use constitute the
entire agreement between Company and you pertaining to the subject matter
hereof. In its sole discretion, Company may from time-to-time revise these
Terms of Use by updating this posting. You should, therefore, periodically
visit this page to review the current Terms of Use, so you are aware of any
such revisions to which you are bound. All changes to these Terms of Use are
effective immediately when we post them, and they apply to all access to and
use of the Site thereafter. Your continued use of the Site or purchase of
products from Company means that you accept and agree to the changes. Certain provisions
of these Terms of Use may be superseded by expressly designated legal notices
or terms located on particular pages within this Site.
Additional Terms for Georgia Patients
You agree that you have
read, understand, and agree to the following additional terms as a condition of
the use of our services if you are either a
resident of the State of Georgia or located in Georgia at the time our services
are used.
You read, understand,
agree, affirm, swear and verify that:
● all of the
information that you have provided to Visibly, Inc. and Optimized Eye Care P.C.
is both truthful and accurate, and that Optimized Eye Care P.C. and Visibly,
Inc. both rely upon the accuracy of the data that you provide;
● you have
provided your correct identification information, that you are the person
requesting services on this website, and that you are
between 21 and 50 years old;
● you are not
taking ANY medication with potentially serious ocular side effects;
● you have
received a comprehensive eye examination in order to receive your initial
prescription for contact lenses and the first renewal
of that initial prescription from a Georgia-licensed ophthalmologist or
optometrist before requesting or using the services of Visibly, Inc.
and/or Optimized Eye Care P.C. if you are requesting to receive a prescription
for or to purchase contact lenses;
● you have had a
prior physical examination by a Georgia-licensed doctor;
● you have not
received “designated health services” from Optimized Eye Care P.C. or Visibly,
Inc. at any point in time, as Georgia law
defines that term; and you have received a comprehensive eye examination in
person from a Georgia-licensed ophthalmologist or optometrist within the past
24 months.
You further read, understand,
and agree that:
● you should seek
emergency medical help from a local emergency room or hospital if you encounter
a medical emergency, even if you reach out to Optimized Eye Care P.C. or
Visibly, Inc;
● services
provided by either Optimized Eye Care P.C. or Visibly, Inc. are not a
comprehensive eye examination, and that any services provided to you should not
be treated as a comprehensive eye examination;
● you are either
a Georgia resident or located in Georgia; and
● you will see
and be examined in person by a Georgia licensed physician, physician assistant
or nurse practitioner at least annually.
You further read,
understand and agree that you are not experiencing any of the following:
● (A) Corneal
disease, such as keratoconus or herpes; (B) Vessels in the cornea; (C)
Glaucoma; (D) Macular degeneration; (E) Hereditary eye disease; (F) Freckle,
birthmark, or mole inside the eye; (G) Diabetes; (H) Shingle on the forehead or
face; (I) Pain, redness, or itchiness of the eye; (J) High sensitivity to brightness;
(K) Pain or discomfort or blurred or double vision while wearing corrective
visual aids; (L) Bright flashes or floaters; (M) Temporary loss of vision; or
(N) Moderate to severe dry eye.
You read, understand,
agree, and affirm that you have read and understood the following statements
from the State of Georgia:
(A) The vision test is
not a replacement of an eye examination;
(B) The vision test
cannot be used to generate an initial prescription for contact lenses or
spectacles or first renewal of the initial prescription; and
(C) The vision test may
only be used if the patient has had an eye examination within the previous 24
months.
