Last Updated: August 7, 2023
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:
- 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.
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.
- 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 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 [email protected], 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 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
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.
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.
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.
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.
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.
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.
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.
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.
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
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:
207 East Ohio Street #233
Chicago, IL 60611
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:
207 East Ohio Street #233
Chicago, IL 60611
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 [email protected].
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 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.
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.
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.