Terms of Use

Last Modified:  April 28, 2017

Welcome to www.properoptics.com (the “Site”). GSRx, Inc. (“Company” or “we”), which does business as Proper Optics, operates the Site and provides website features and other products and services to you when you visit or shop at the Site (collectively, the “Services”). Company provides the Services subject to the terms and conditions in these Terms of Use (the “Terms of Use”).

These Terms of Use are a Binding Agreement. Please read carefully.

If you access and use the Services, you accept these Terms of Use. In these Terms of Use, access and/or use of the Services or similar language means your accessing, visiting or browsing the Site, sending or receiving email or other electronic communications to or from the Company, and other similar events or services offered in connection with the Services.

Please read these Terms of Use carefully. Company is permitting you to use the Services subject to your agreement to be bound by these Terms of Use as well as our Privacy Policy (available here) and any other written agreement between the parties concerning the Site or the Services. If you do not agree to be bound by these Terms of Use, do not use or access the Services.

Similarly, if accessing certain portions of the Services, you may also have additional terms and conditions you must agree to before you can have access to those products, materials, content and information (the “Service Terms”). If these Terms of Use are inconsistent with the Service Terms, the Services Terms will control.

We Reserve the Right to Make Changes to Terms of Use.

In its sole and absolute discretion, Company may amend or replace these Terms of Use at any time by posting the most recent version on the Site. You are responsible for reviewing these Terms of Use upon each visit to the Site. You can determine if the Terms of Use have been revised since your last visit by referring to the “Last Modified” date at the top of this document.

Restrictions on Use.

All pages and content within the Services and any material made available for download are the property of Company and/or its affiliates, licensees or sponsors (and the term “Site” includes all such pages, content and material). The Services are protected by United States and international copyright and trademark laws. Company grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with the Services. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Services or any materials. The Services are for your own personal use only. Except as expressly provided for herein, or otherwise provided for in writing by Company, no portion of the Services may be copied, downloaded, displayed, reproduced, modified, edited or created as derivative works, distributed, altered, enhanced or published in any manner. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

You further agree not to use the Services:

  • To send, knowingly receive, upload, download, use or re-use any material which violates these Terms of Use;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability; or
  • In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.

Access to and use of password protected and/or restricted areas of the Services is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Services may be subject to civil liability or criminal prosecution under applicable laws.

You represent and warrant that your use of the Services does not violate any applicable laws of the jurisdiction in which you reside or from which you use or otherwise access the Services; that all information you provide to us is correct; and your use of the Services shall be in accordance with these Terms of Use and all applicable laws. Any rights not expressly granted by the Terms of Use or any Service Terms are reserved by Company.

Trademark and Copyright Notice.

You acknowledge that all content and materials available through the Services are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Company or its licensors. Unless otherwise indicated, all logos, names and marks (including without limitation GSRx™, EPIK™, INFINITY NON-GLARE™, PREVABLUE™) on the Site or used in the Services are trademarks or service marks owned by or used under license by Company. Other than nominative uses, the use or misuse of any of such content, materials, trademarks and services marks is strictly prohibited.

The Services, including, but not limited to text and pictorial and graphic works, are copyrighted materials owned or controlled by Company. You may download and print copies of these materials for your use in learning about and evaluating Company’s products. No other permission is granted to you to download, upload, reproduce, modify, distribute, or publish these materials in any form. No permission is granted to you to hyperlink with the Site.

Description and Availability of Products.

The Services feature products (such as eyeglass frames and lenses) available for purchase and the Site serves as an advertisement for those products. We have sought to display the dimensions and colors of our products on the Site as accurately as possible, although we cannot guarantee that these descriptions will match the products exactly. Accordingly, Company does not make any warranty or representation that the product’s dimensions or colors as shown will be accurate or that every product mentioned or advertised through the Services will be available for purchase at any given time. Further, Company reserves the right to cease production of certain products or add additional products without modifying any information available through the Services. Any prices posted through the Services while believed to be up-to-date and accurate, are also subject to change without notice and the actual selling price may be more or less than noted through the Services.

Your Account.

If you use the Services, you will be required to register to create an account (“Account”) before ordering eyeglasses and provide certain information, including a name, password, home address, email address, phone number, preferred eye care professional or retail store, prescription information, and, if applicable, credit card or other payment information, including billing and shipping address (the “Account Information”). This Account Information may be updated by clicking account. Your Account will remain the same, regardless of updates to your Account Information.

You agree that the Account Information that you provide is current, accurate and complete and you agree to update your Account Information to keep it current, accurate and complete. If you provide Account Information that is untrue, inaccurate, not current or incomplete, or we have plausible suspicious that such information is inaccurate, incomplete or untrue we reserve the right to suspend or terminate your Account and refuse any and all current and future use of the Services including, but not limited to, sales resulting from the Services.

By creating an Account, you acknowledge that you are an authorized user and you are responsible for using the Services in a lawful manner. Unauthorized access or use of the Services is prohibited. All users expressly consent to monitoring of their activities by system personnel and understand that information relating to possible criminal conduct may be provided to officials for disciplinary and/or legal action. A user’s network traffic is monitored and logged for auditing purposes.

You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account. If you suspect that your password has been compromised, you must notify the Company immediately. You should use particular caution when accessing your Account from a public or shared computer or using unencrypted email to discuss private matters, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means. We understand that you care about the protection of your personal information, including your Account Information, and shall treat such information in accordance with our Privacy Policy.

You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account. If you suspect that your password has been compromised, you must notify the Company immediately. You should use particular caution when accessing your Account from a public or shared computer or using unencrypted email to discuss private matters, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means. We understand that you care about the protection of your personal information, including your Account Information, and shall treat such information in accordance with our Privacy Policy.

Personal Information.

Company will not use or transfer your personal information to third parties, except for the limited purposes as set forth in our Privacy Policy. For example, Company may use your personal information to enable you to access and use the Services. You hereby consent and authorize Company to use and disclose your personal information as permitted under these Terms of Services, including the Privacy Policy. You acknowledge that when you consent to the transfer of the information to permitted third parties, Company has no control over how those third parties use and disclose such information.

Ordering Process.

To order eyeglass frames through the Services, you will need to select your desired frames and choose between the different lens type(s) that are available for such frames. To complete the order of prescription eyewear, you will need to include the information of your prescription into the appropriate template on the Site when prompted. The prescription form will ask you to copy the information from your prescription onto the Site. For any prescription eyewear that your order, you must have a valid, current prescription issued by a duly licensed eye care professional located in the United States. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements or within two years of the date of the prescription. Please carefully follow the instructions and guidelines provided when completing the prescription form. You are solely responsible for the accuracy of the information provided.

We will also need your Pupillary Distance (“PD”) to fill your order. If your PD is not on your prescription, you will need to acquire your PD by consulting an eye care professional. If your PD is binocular, you may indicate this when prompted.

When you place an order, you will receive an email notification indicating that the order was received.

Payment.

After you have made your eyeglass selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option, including, as applicable, sales or use taxes and shipping and handling charges. We use a third-party payment processor to allow you to pay for orders through the Services. The processing of payments will be subject to the terms and conditions of the third-party payment processor, Stripe, in addition to these Terms of Use. Please review the additional terms and conditions at Stripe.com.

We cannot accept insurance at this time.

Sales Tax.

In accordance with applicable state and local laws, items sold through the Services may be subject to sales or use tax. Generally, it is the laws of the destination state that determines whether and, if so, what amount, of sales tax is due on your transaction. If an item is subject to sales or use tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item. In accordance with state tax laws, the total selling price of an item may include item-level shipping and handling charges, item-level discounts, gift-wrap charges, and an allocation of order-level shipping and handling charges and order-level discounts.

The amount of tax charged on your order will depend upon many factors including type of item purchased, and destination of the shipment. Factors can change between the time you place an order and the time of credit card charge authorization, which could affect the calculation of sales or use taxes. The amount appearing on your order as estimated tax may differ from the sales or use taxes ultimately charged.

We do not collect sales or use taxes in all states. For those states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet through the Services. Many states require purchasers to file a sales and/or use tax return at the end of the tax year to report all taxable purchases for which no tax was charged and to pay the applicable tax on those purchases. You agree to pay to the applicable governing authority any taxes that may be owed by you from your purchase or use of items purchased through the Services. Please consult with your tax professional for further details.

Although we do not collect sales or use tax on the purchase of prescription eyeglasses through the Site, certain states may have additional tax requirements that require you, as the purchaser, to file and remit use tax to your state’s tax authority. Please consult with your tax advisor to ensure compliance with your state’s tax rules.

The laws affecting sales and use tax are subject to change as the taxation of online transactions continues to evolve. We strive to comply with state and local tax laws as they exist currently and we continue to monitor and update our sales and use tax policies as those laws change.

Shipment and Delivery.

We aim to deliver your eyeglasses within 7 to 10 business days from order placement, but occasionally delays in production or distribution can occur, in which case we will notify you. For example, processing times may take longer if treatments added to the lens, including, but not limited to, coatings and tints.

It is important that you enter your delivery address correctly as our mailing program will not capitalize, punctuate, or space for you. If your package is to arrive at a commercial address – like an office – please indicate that your eyeglasses are to be delivered in care of the company name located at the commercial address. Failure to input any part of your address will cause delays in your shipment and create added expense for your product. We will not refund or exchange products that were shipped to an address that was missing information consequently making them undeliverable.

We will ship your eyeglasses to any permitted location in the continental United States. At this time, we cannot ship to Alaska, California, Hawaii, Illinois, Missouri, New Mexico, Oklahoma, or South Carolina. The risk of loss and title for all products you order passes to you upon our delivery to the carrier.

Changing or Cancelling an Order.

Once we receive an order, we typically start the eyeglass production process within 24 hours. We will try our best to accommodate any order modifications, but we cannot guarantee that we will be able to incorporate them. If a change in the order is necessary, but the order is already in production, we will accept a one-time only exchange at no extra charge.

Returns and Exchanges.

Our Proper Optics eyewear is made with the latest technology and uncompromising quality standards, and we are confident that you will love them. However, if for any reason you are not completely happy with your eyeglasses, we will fully reimburse your purchase or exchange your purchase within the first 10 days of receipt, with no questions asked. To begin the return or exchange process, please email [email protected] or call us at 480-748-4548. If you exchange your eyewear for a higher-priced pair, we will charge you for the difference in value. If the replacement order is lower in price than the original, we will credit the difference to the same credit card of the original order.

Access to your Prescription.

We keep your prescription on file for the period of time required under applicable law after you order your glasses, and we make that information available to you upon request. We will respond to your request as quickly as possible, but be aware that it may take us a day or two to retrieve older prescriptions.

Purchase Limits.

We reserve the right to refuse to accept the purchase of commercial quantities of our glasses, and we may place limits on purchases. We may also, restrict orders including, but not limited to, those placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy and any other parts of our Terms.

Links to Third Party Sites.

The Services may contain links to other websites operated by third parties. Company makes no representations or warranties whatsoever about any third-party website which you may choose to access through the Services. The linked websites are not under our control, and Company is not responsible for the contents of any linked website or subsequent links from that website. Links provided by Company to such websites are provided solely for your convenience. Company’s inclusion of third party links or material through the Services shall not be construed as Company’s endorsement of any third party or the third-party material, and no rights or licenses are granted to you for the third-party material. You agree to defend and hold Company harmless from any and all liability that may result from your use of the third party material.

Warranty Disclaimer.

EXCEPT FOR ANY WRITTEN MANUFACTURER’S PRODUCT WARRANTY PROVIDED WITH ANY EYEGLASSES OR OTHER PRODUCTS PURCHASED THROUGH THE SERVICES, ALL PRODUCTS, MATERIALS, SERVICES, AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR OTHERWISE. COMPANY MAKES NO WARRANTY THAT THE PRODUCTS, MATERIALS, SERVICES, AND OTHER INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE MATERIALS AND OTHER INFORMATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR RECOMMENDATIONS ON THE SERVICES.

Limitation of Liability.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSEES, REPRESENTATIVES, AND AGENTS HAVE ANY LIABILITY OF ANY KIND WHATSOEVER (WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY) AND WILL NOT BE RESPONSIBLE FOR DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER TYPES OF DAMAGES) TO YOU WITH RESPECT TO (I) THE USE OF, OR INABILITY TO USE, THE SERVICES, (II) YOUR USE OF ANY THIRD-PARTY WEBSITE HYPERLINKED TO OR FROM THE SERVICES, AND (III) THE MATERIALS AND FUNCTIONS OF THE SERVICES OR ANY LINKED WEBSITE.

Indemnification.

You agree to indemnify, defend, and hold Company and its affiliates, and their respective officers, directors, employees, licensees, representatives, and agents harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) made by any third party that constitute, or arise out of or in connection with (i) your use or misuse of the Services or the content therein, (ii) your use of any third party site hyperlinked to or from the Services, (iii) content, materials or information you provide to Company, (iv) your breach of these Terms of Use, (v) your violation of any law, or (vi) your violation the rights of any third party (including, without limitation, any intellectual property rights).

Choice of Law.

These Terms of Use are entered into in the State of Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to choice or conflict of laws rules.

Disputes.

In the event of any dispute regarding or relating to these Terms of Use, each party hereto submits to the exclusive jurisdiction of the state and federal courts located in Maricopa County in the State of Arizona, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Nothing herein will affect the right of any party to serve legal process in any other manner permitted by law. If any legal action or other proceeding is brought in connection with this Terms of Use, the prevailing party will be entitled to recover reasonable attorneys’ fees, accounting fees, and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE.

International Use.

By choosing to access the Site or otherwise use the Services from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Company makes no representation that materials or other information on the Site or available through the Services are appropriate or available for use in locations outside the United States and may require a valid export license issued by the United States government for export of these materials from the United States. You may not use, export or re-export the material or other information available through the Services in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Services. Notwithstanding anything to the contrary, Company makes no representation that the Services is appropriate or available for use in other jurisdictions. If you choose to access the Services from such a jurisdiction, you do so at your own risk.

Miscellaneous.

These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter hereof. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. In Company’s sole discretion, Company may assign these Terms of Use. Company’s failure to act with respect to a breach by you or others does not waive Company’s right to act with respect to subsequent or similar breaches. Company does not guarantee that it will take action against all breaches of these Terms of Use.

Unauthorized Use and Termination.

You agree to use the Services only for authorized and legal activities. Company reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without notice and for any reason whatsoever. You are solely responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms of Use.

At the termination of these Terms of Service with you, we will return or destroy, if feasible, all of your personal information. If such return or destruction is not feasible (due to record keeping obligations under applicable law, for example), we will continue to abide by these Terms of Use, including the Privacy Policy, with respect to such information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.

Contact Us.

If you have any questions or comments about the Services, Company, or the Terms of Use, please contact us via the “Contact” subtab located under the “About” tab on the Site’s homepage.

 

© Copyright 2016 GSRx, Inc.  All Rights Reserved.