Terms of Use Policy

March 13, 2018

Thank you for visiting our website, our mobile application and/or accessing our service in any other way. ODOSRx, Inc., which does business as ODOS, owns and manages this Site, and provides services through this Site.  In this document, as well as our other “Terms” documents such as our Privacy Policy, we will refer to ourselves as “ODOS”, “us”, “we”, or our “Services”.

Please read through this Terms of Service and other policies, such as the Privacy Policy, before using any of the Services.  These documents are meant to serve as rules, conditions, and terms that will help you use our Services properly.  When you visit us and use our Services, or when you click “I Accept”, you are agreeing with our policies.  Our policies are legally binding, so if you do not agree with our policies please do not use our Services.  If you do not agree with our policies, you may not use our Services or receive any contact lenses or any other products made available through us. 

We reserve the right to revise and update our policies, including Terms of Service, Privacy Policy, and Privacy Policy relating to Healthcare information.  When these policies are updated a new effective date will be posted at the top of this page.  Please review these policies regularly for updated information.

Privacy Policy:

We have a Privacy Policy in place that explains what information we collect and how we use it.  Please refer to our Privacy Policy for more information. 

Eligible User and User Account:

You must be at least 13 years old to be eligible to access and/or use our Service.  If you are under the age of 13, do not register for an account, sign-up, or access our service or sites.  Parents or legal guardians may use the services on behalf of their minors and will be held responsible for all activity related to the Services.  When you use our Services you are confirming that you are eligible to use our Service according to our “Terms of Service” policy.  We reserve the right to refuse access to or “use” of our website to certain people, such as people who violate any of our “Terms” policies.  Our services are only available for personal use, not for commercial use. 

You will be required to create an account in order to use our service.  Please safeguard your account user name and password and do not share with others.  You, the account holder, should be the only one using the account.   No one is allowed to use your account without your permission and you are not allowed to use anybody else’s account without permission. You agree that you will always provide accurate and valid information.  You agree that you will only use one account.  You agree that you will not use the service if you have been previously removed, suspended or banned from using our services.  Any information that is inaccurate or incomplete may cause delays and even order or subscription cancellation.  We will not be responsible for delayed or cancelled orders due to inaccurate, missing or incomplete information.  You can update or edit your information by logging into your account or contacting us.

Contact Lens Fitting and Prescription:

Eye examinations, contact lens fittings and/or prescriptions for contacts are not included in our service. You must get fitted for contact lenses by an eye doctor or an eye care professional in person.  You agree that you will finalize the fitting of your contact lenses and address any issues with your contact lens prescription before placing your order or signing up for the subscription service.  We are not responsible for improperly fitted contact lenses or improper prescribing of your contact lenses by any other professional or provider.  If your contact lenses are uncomfortable, blurry, or are causing you any problems, please do not order your supply or sign up for our services until you’ve seen your eye care professional and resolved any fitting issues or medical eye issues.   You may order “beauty” lenses, such as colored lenses, with “zero” or “plano” or “no prescription” in them, however, you will still need a valid contact lens prescription from your eye care professional. 

Terms of Service (Terms of Sale):

When you sign up for our service, you are purchasing an annual supply of contact lenses that will be delivered to you over the 12 month period of subscription.  You acknowledge and agree that you are signing up for a minimum 12 month subscription period.  You acknowledge and agree that we or our third party payment processor is authorized to charge your designated payment method every month for a minimum of 12 months or for the duration of your subscription. 

When you sign-up for our Service, you acknowledge and agree that:

  1. you have a valid, current contact lens prescription for the contact lenses you are purchasing, prescribed to you by a USA licensed eye-care professional; 
  2. you are eligible to wear contact lenses and have not been advised by your eye-care professional to discontinue contact lens wear for any reason;
  3. you will follow your eye-care professionals recommendations, guidelines, and instructions on contact lens use and necessary eye-care;
  4. you will follow the manufacturers and your eye-care professionals instructions and guidelines on proper use, replacement, and care of your contacts;
  5. you will stop using contacts and seek help from a licensed eye-care professional immediately if you experience any complications, symptoms, or any problems related to your contact lenses or your eyes.

We take your eye health seriously.  Because contact lenses are medical devices and are FDA regulated, we require a valid contact lens prescription with your order.   You agree that your contact lens prescription is valid before providing it to us.  Your contact lens prescription must have an exam and/or issue date, an expiration date, or an indication of how long your prescription is valid for.  If your prescription does not have a date on it, you agree that you will obtain a corrected copy of your prescription from your eye-care professional. If your prescription does not indicate how long it is valid for, we will consider it expired 1 year from the issue date or exam date.  Providing us with an invalid prescription may result in delays and cancellation of your order or subscription.  We may verify your prescription with the prescriber as needed. 

We will need your name, patient name, date of birth (to verify your prescription with your eye-care provider), your billing and shipping address (if different), your email, phone number, financial information (such as the credit card information), and your contact lens prescription to fill your order.  When you use our Services and enter your financial information, you authorize us to charge the amount of the order (a minimum of 12 monthly payments).  We do not bill your medical or vision insurance.  

We only ship to customers in the United States. Our standard delivery is 3-7 business days.  Expedited shipping may be available at checkout but is not guaranteed.  Your contact lenses may be on back order and we will notify you if they are on backorder. 

Packages can get lost in the mail.  We will help you in any way we can to resolve any shipping issue.  However, once your order is in the hands of the carrier, such as USPS, FedEx, UPS, etc., we are not responsible for the package and for any resultant loss, damage, and defect.  

Cancellations and Refunds:

When you sign-up for the subscription or service, you understand that you are purchasing an annual supply of contact lenses and you agree to make monthly payments for 12 months.  If for any reason you want to cancel your subscription, ODOS will charge your designated payment method to cover the retail cost of the contact lenses that have already been shipped to you.  This charge will vary depending on the brand and quantity of contact lenses that were already shipped to you. This charge may range from $29 to $229 (depending on your contact lens brand and at which month in the subscription period you decide to cancel).  Please contact us if you have any additional questions. 

You acknowledge and agree that:

  1. you may cancel your subscription at any time by contacting us;
  2. when you cancel your subscription before the 12 month of the subscription, we will charge your designated payment method for the retail cost of the contact lenses already shipped to you;
  3. you acknowledge and agree that if your prescription changes, you have 30 days from the date of the new prescription to exchange your unopened, unmarked, unused contact lenses.  If you are having any problems with your contact lenses or you believe they may be defective or incorrect, please please let us know right away so we can help resolve any issues.  We will help you facilitate an exchange with the manufacturer as quickly as possible.  

Other terms:

We may limit the quantity of lenses you can order. Your contact lens prescription may allow only a certain quantity of lenses dispensed to you. You cannot sell the contact lenses you buy through our Service.  We have the right to not fill orders that we suspect are violating any of our “Terms” including this Terms of Use policy or the Privacy Policy, or that, in our judgment, appear fraudulent.  If we determine that any of our “Terms” are violated we may terminate your access to use our Services.

We are only able to provide our Services in the English language. This may change in the future. 

Please respect all domestic and international laws regarding copyright, trademarks, service marks, and other applicable intellectual property laws.  Everything that we built was carefully designed, created for your enjoyment, and belongs to us.  All the designs, business name, brand name, websites, pages, menus, logo, “appearance”, the “look and feel”, images, illustrations, photographs, videos, icons, writing, other material, and the Service is the sole property of ODOS and the owners of ODOS.  You cannot use, copy, download, imitate, publish, translate, adapt, replicate any of the content without first obtaining written permission from us. Unauthorized use is prohibited and against the law. For any questions or requests please contact us.

You may, for example, “mention” or “display” our name for personal use or associated with our Service, but you do not have the unlimited or exclusive access to our site, us, or our Service.  You do not have permission to use any software or any other technology to interfere, track, monitor, extract, collect and/or process any information or data on our pages or our site. You do not have permission to alter any portion of our site. You are not allowed to interfere with or access any restricted portions of the Services, Site, our computer systems, networks, other infrastructure, and other accounts.  You may not run any “spam” on our Site and Services. 

You may choose to share your words, images, videos, or other “user content” or “content” on our Site or our page on a third party site such as Facebook, Instagram, Twitter, or other platform.  You agree to only share content that is accurate, truthful, and appropriate (no profanity, nudity, pornographic images or any other inappropriate and indecent content).  This content is yours and comes with licensing rights. You agree to only represent yourself and not to impersonate anybody else or any other entity.  You agree to only share content that belongs to you and content that is truthful (and not misleading).  You agree to not submit or share content that belongs to someone else or content that other people or entities own.   By using our Service you agree that the legal right or license you have to your content has no debt, is fully paid, royalty-free, is sublicensable, transferable, global, permanent, not private, non-exclusive, and cannot be revoked under any circumstance.  By using our service you are allowing us and other users to to use your content freely and in any way.  We will protect your information according to our Privacy Policy.  Other information that you may choose to share as described above is not considered private and is not confidential. 

We are not responsible for the different kinds of content created by our users on our Site and the pages on the third party sites and do not agree or disagree with any of the user content.  We do not endorse or control user content found anywhere on the web or our Site and will not be responsible for any damages or loss in relation to this content.  Your use of our Services waives any liability directly or indirectly related to the user content. 

Contact Lens Warranty:

ODOS sells contact lenses that are manufactured by others; we do not make or package any of the contact lenses we sell.  All contact lenses available through our service have a manufacturers warranty or guarantee. We will honor all manufacturer’s warranties or guarantees for up to 30 days within date of purchase.  

WARRANTY DISCLAIMER

You understand and you agree that we are not responsible for any action, result, consequence, or events related to the user content you may be exposed to on our Site or on our pages on third party sites.  You release us rom all liability resulting from your exposure to any content through our Services and our pages on third party sites, regardless of the type of content and whether it is appropriate or not. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.  YOU AGREE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. YOU ALSO AGREE THAT ODOS DOES NOT REPRESENT OR WARRANTY ANY CONTENT THAT YOU MAY BE EXPOSED TO ON OUR SERVICES OR ANY OTHER THIRD PARTY SITES. 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ODOS OR ANY ODOS REPRESENTATIVE BE LIABLE TO YOU UNDER ANY CIRCUMSTANCE FOR ANY LOSSES, DAMAGES, INJURY, COSTS, INACCURACIES, OR ANY OTHER CONSEQUENCE WHATSOEVER RELATED TO OR RESULTING FROM THE USE OF OUR SERVICES, ACCESS TO OUR SITE, APPLICATIONS, OR OUR PAGES ON THIRD PARTY SITES, OR ANY OTHER THIRD PARTY THAT WE DO BUSINESS WITH. 

This document supersedes any previous communications or policies.  The date at the top represents the last date the policy was updated.  We reserve the right to review this document and update it anytime. Please check back frequently to review changes.