Sightbox, Inc.
Customer Terms of Service

Last Updated: 2/08/2019

 

These Customer Terms of Service (“Terms“) apply to your access to the services (our “Services“) provided by Sightbox, Inc. (“Sightbox“, “we“, “us“, or “our“). By clicking “I Accept“, or by accessing or using the Services, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15, you may not access or use the Services, or order or receive contact lenses or other products made available through the Services.

We reserve the right to modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. The amended Terms will be effective thirty (30) days after the date they are posted. By continuing to access or use the Services or ordering Contact Lenses after the effective date, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services or order contact lenses. If you do not agree to the revised Terms, you may not access or use the Services or order contact lenses.

 

1. Our Services

We provide a streamlined service for individuals who access and use the Services (“Users“) to purchase contact lenses. Included in the cost of our various membership plans for ordering contact lenses through the Services (each a “Plan“), we arrange an eye exam with an eye-care professional and will schedule an appointment on your behalf, or if you prefer, you can select an eye-care professional.

 

2. User Accounts and Account Security

In order to access and use certain areas or features of the Services, you will need to register for a Sightbox account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party that accesses or uses the Services on your behalf, and (e) immediately notify us if you discover or otherwise suspect any unauthorized access or security breaches related to the Sites or your account.

 

3. Privacy Policy

Please refer to our Privacy Policy https://sightbox.com/privacy-policy for information about how we collect, use and disclose information about you and our Legal Notice for terms regarding your use of our website.

 

4. Terms of Sale

4.1. Prescription Requirements
By registering for a Plan, you acknowledge and agree that:

a.  you have, or will obtain, a valid, current prescription for any contact lenses that you are ordering issued by a duly licensed eye-care professional located in the USA;

b.  you will carefully review and follow all instructions and information provided by your eye-care professional and/or by the contact lens manufacturer before using your contact lenses;

c.  you have not been advised by an eye-care professional to stop or suspend wearing contact lenses for any medical reason;

d.  you will restrict your contact lens wearing schedule to the recommended wearing schedule established by your eye-care professional and the contact lens manufacturer, and you will not exceed this recommended wearing schedule as this can lead to serious eye-health complications;

e.  you must take proper care of your contact lenses as directed by your eye-care professional and the contact lens manufacturer; and

f.  if you are having any unexplained eye discomfort, watering, vision change or redness, you will immediately remove your lenses and consult your eye-care professional before wearing your lenses again.

You should never share your contact lenses with anyone. Sharing can lead to serious eye health complications and can spread infectious diseases.

4.2 Contact Lens Memberships; Continuous Memberships; Cancellation Policy

Vision Care & Contact Lens Memberships. For more information about our Plans, please visit the Pricing https://sightbox.com/pricing page on our website and our FAQs https://sightbox.com/faq.

Continuous Memberships. When you register for a Plan, you expressly acknowledge and agree that (a) Sightbox (or our third party payment processor) is authorized to charge your designated payment method on a monthly basis for your Plan (in addition to any applicable taxes and other charges) for a minimum of twelve (12) months or as long as your Plan continues, and (b) your Plan is continuous until you cancel it or we suspend or stop providing access to the Services or the particular contact lens you ordered in accordance with these terms.

Cancellation Policy. You may cancel your Plan at any time by contacting us at members@sightbox.com, or you can message us via chat on any sightbox.com page. Depending on when you cancel during the term of your plan, you may be charged for the eye exam, the contact lenses shipped as of the date of cancellation, and a thirty dollar ($30) cancellation fee. In the event that you cancel your Plan before services are rendered, you may be ineligible to receive a refund.

In the event you cancel your Plan, please note that we may still send you promotional communications about Sightbox, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

4.3. Eye Exam and Fitting

As part of the Annual Services, we will schedule a yearly eye exam and fitting on your behalf with an optometrist in your area. The cost of a comprehensive contact lens eye exam, refraction and contact lens fitting, and all contact lenses based on your prescription for one (1) year are included in your Plan. In the event that you miss your scheduled appointment, we reserve the right to charge your designated payment method a $25 fee.

4.4. Authorization to Receive and Share Your Prescription Information

You authorize us to share your contact lens prescription information and/or address information with contact lens manufacturers and distributors for the express purpose of completing your order. You also grant us permission to verify the information you have provided with your eye doctor and authorize your eye-care professional to release that information to us, an authorized treatment provider, as defined by the Federal Trade Commission (FTC) under the “Contact Lens Rule”.

4.5. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your membership or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Sightbox account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Plan or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

4.6. Pricing and Availability

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Plan, we will provide 30 days’ notice of such changes in accordance with these Terms. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of contact lenses to you after our delivery of such notice will confirm your acceptance of such charges, unless you cancel your membership in accordance with the cancellation policy set forth in Section 5.1.

4.7. Taxes

We will collect applicable sales tax on Contact Lenses shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

4.8. Shipping and Handling

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 charges applicable to you before you make your purchase. Generally, orders to shipped to an address within the continental US is free on all orders and shipping is handled by a third party courier. When you order contact lenses from Sightbox, any shipping times shown on the Services are estimates only. Actual delivery dates may vary. All contact lenses purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such contact lenses passes to you upon our delivery of the contact lenses to the third party courier.

4.9. Returns

Your satisfaction is important to us. If there is a problem with your contact lenses, please contact us so that we can replace them. If the contact lenses shipped to you don’t match your contact lens prescription, please contact us so that we can schedule a return. If we don’t receive the return shipment of the contact lenses that don’t match your prescription within thirty (30) days after you contact us, we will charge your designated payment method for those lenses at retail price.

4.10. 20/20 Rewards

Users have the ability to earn credits (“Referral Credits“) for inviting others to create accounts and purchase a Plan. You will receive a Referral Credit for each individual who signs up using your referral code. One Referral Credit will be applied to the next billing month in your Plan. If you have multiple Referral Credits, they will be applied once per month on a going-forward basis. Referral Credits may not be transferred or sold to third parties, and are not redeemable for cash except as required by law. You will forfeit all accumulated and earned Referral Credits if you close your account.

 

5. Indemnification

You will indemnify, defend, and hold harmless Sightbox and our officers, directors, agents and employees (individually and collectively, the “Sightbox Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) use of our Services by you (or any third party that you authorize to access or use the Services) in a manner not permitted by these Terms; (b) your violation of these Terms; or (c) your violation, misappropriation or infringement of any rights of any third party (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Sightbox or the other Sightbox Parties.

 

6. Disclaimers

Sightbox is not responsible for interactions that may occur between users and eye-care professionals or their staff. In addition, we are not responsible for and we expressly disclaim all liability that may result from the conduct of or advice provided by eye-care professionals or their staff. Sightbox does not sponsor, endorse, or approve of any eye-care professional or optometry practice, nor do we make any representations or warranties about the quality, timing or legality of the products or services they provide. Additionally, we cannot and do not represent or warrant that any eye-care professional is licensed, qualified, insured or capable of performing any product or service, and we make no representations or warranties about the suitability, reliability or accuracy of the products and services they provide.
Sightbox makes no warranty, representation or guarantee with respect to products and services offered by eye-care professionals and/or contact lens manufacturers, and Sightbox specifically disclaims any warranty, representation or guarantee with respect to the quality, safety, legality or other characteristics of such products and services, or with respect to the conduct or advice of any eye-care professional or their staff in connection with such services. All contact lenses and other products sold by Sightbox are sold “as is” and with all faults. That means that Sightbox provides no express warranty and we disclaim all implied warranties, including the implied warranties of merchantability and fitness. You therefore bear all risk as to the quality and performance of the product unless the manufacturer provides a warranty, and if the product proves defective you would bear the entire cost of all necessary servicing or repair. You must look to the product manufacturer for any warranty.
Some jurisdictions may not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
Sightbox makes no warranties, express or implied, with respect to such third party products, and expressly disclaims any warranty or condition of merchantability, non-infringement, or fitness for a particular purpose. In no event will Sightbox be liable for any incidental, consequential, or cover damages arising out of your use of or inability to use third party products or any amount in excess of the amount paid by you for the product or service that gives rise to any claim.

 

7. Limitation of Liability

Sightbox and the other Sightbox Parties will not be liable to you under any theory of liability-whether based in contract, tort, negligence, or otherwise-for any indirect, consequential, exemplary, incidental, or special damages or lost profits, even if Sightbox or the other Sightbox Parties have been advised of the possibility of such damages.
The total liability of Sightbox and the other Sightbox Parties, for any claim arising out of or relating to these Terms or our Services is limited to the greater of (i) amounts paid, if any, to Sightbox by you in connection with your use of the Services; or (ii) if you have not paid, $100.
The limitations set forth in this Section 14 will not limit or exclude Sightbox’s liability for Sightbox’s gross negligence, fraud or willful, reckless or intentional misconduct.

 

8. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Sightbox and limits the manner in which you can seek relief from us.

a.  Except for small claims disputes in which you or Sightbox seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Sightbox seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Sightbox waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

b.  You and Sightbox agree that any dispute arising out of or related to these Terms or our Services is personal to you and Sightbox and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

c.  You and Sightbox agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Sightbox agree that for any arbitration you initiate, you will pay the filing fee and Sightbox will pay the remaining JAMS fees and costs. For any arbitration initiated by Sightbox, Sightbox will pay all JAMS fees and costs.

d.  Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Sightbox will not have the right to assert the claim.

e.  You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by contacting us by email at privacy@sightbox.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.

 

9. Governing Law and Venue

These Terms and your access to and use of our services will be governed by and construed and enforced in accordance with the laws of State of Oregon, USA, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved that the state or federal courts of the State of Oregon and the United States sitting in Multnomah County, Oregon.

 

10. Termination

To the maximum extent permitted by applicable law, we reserve the right to suspend or terminate your right to access or use the Services immediately upon notice to you if we reasonably determine that your use of the Services is in breach of these Terms, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us. Subject to Section 4.2, we may terminate this agreement with or without cause or prior notice. Additionally, you may terminate these Terms for convenience by contacting us.

 

11. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

 

12. Miscellaneous

These Terms constitute the entire agreement between you and Sightbox relating to your access to and use of our Services. The failure of Sightbox to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

 

© 2019 Sightbox, Inc., unless otherwise noted. All rights reserved.