In order to qualify for Prescription Services, the following must be true:
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”):
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:
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 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.
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.
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.
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.
Visibly will accept payment for Services in the following manner:
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.
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.
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.
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”). 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.
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.
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.
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
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.
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.
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.
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.
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.
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.
Deliver this Notice, with all items completed, to our Copyright Agent:
Paul Foley
Visibly, Inc.
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.
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
One or more patents may apply to this Site including, without limitation, those listed under our Patent Information page.
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:
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.
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.
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).
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.
(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.
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.
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.
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.
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:
You further read, understand, and agree that:
You further read, understand and agree that you are not experiencing any of the following:
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.
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 one of the States listed below or located in one of the States listed below at the time our services are used. For all of these states, you acknowledge and agree that our Services are not a replacement for an in-person eye health examination or comprehensive eye examination.
Connecticut
You agree that before using our Services, you have received a prior in-person comprehensive eye examination and that you have also received a prior in-person eye examination within the past two years.
Indiana
You agree that before using our Services, you have received a prior in-person comprehensive eye examination within the past two years. You also agree that before using our Services for contact lenses, you have received a valid prior contact-lens prescription examination within the last two years.
Kentucky
You agree that before using our Services, you have received a prior in-person comprehensive eye examination within the past two years. You agree that you may not use our Services for an initial prescription for contact lenses or a renewal or follow-up from that first prescription for contact lenses. You agree that you may only use our Services if you have received an in-person comprehensive eye health examination by an optometrist, osteopath, or physician within the previous twenty-four (24) months.
You further agree that you have received and agree to the following disclosures:
(1) This assessment is not a replacement for an in-person comprehensive eye health examination.
(2) This assessment cannot be used to generate an initial prescription for contact lenses or a follow-up or first renewal of the initial prescription.
(3) This assessment may only be used if the patient has had an in-person comprehensive eye health examination within the previous twenty-four (24) months if the patient is conducting an eye assessment or receiving a prescription for visual aid glasses.
(4) The United States Centers for Disease Control and Prevention (CDC) advises contact lens wearers to visit an eye doctor one (1) time a year or more often if needed.
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