Last Updated: December 1, 2016
These Terms of Service ("Terms") apply to your access to and use of the Sightbox website and mobile application (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.
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. You also represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
3. 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.
5. Terms of Sale
5.1. Prescription Requirements
By registering for a Plan, you acknowledge and agree that:
You should never share your contact lenses with anyone. Sharing can lead to serious eye health complications and can spread infectious diseases.
5.2. Contact Lens Memberships; Continuous Memberships; Cancellation Policy
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. Depending on when you cancel during the term of your plan, you may be charged for the eye exam, the retail cost of 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.
5.3. 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.
5.4. 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".
5.5. 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.
5.6. 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.
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.
5.8. 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.
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.
5.10. 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.
6. License to Access and Use Our Services and Content
Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the Sightbox logo and all design, text, graphics, pictures, information, data, software, other files and the selection or arrangement thereof (collectively, "Content") are the proprietary property of Sightbox or our licensors, as applicable, and are protected by U.S. and international copyright laws.
Subject to your continued compliance with these Terms, Sightbox hereby grants you a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Services and Content in accordance with these Terms. The license granted in the preceding sentence is subject to these Terms and does not include any right to: (a) sell, resell or use the Services or Content for any commercial purpose, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Services or Content, except as expressly permitted by us, or (f) use the Services or Content other than for their intended purposes described in these Terms. Any use of the Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will automatically terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Sightbox reserves all rights not expressly granted under these Terms and unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Sightbox or any third party, whether by estoppel, implication, statute or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by Sightbox or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
7. User Conduct
You agree that that you are solely responsible for your conduct, both online and offline, including, without limitation, in connection with your use of the Services. You agree that you will abide by these Terms and will not:
You may submit questions, comments, suggestions, ideas, original or creative materials or other information about Sightbox or our Services (collectively, "Feedback"). Feedback, whether submitted through the Services or otherwise, is non-confidential and if you elect to submit any Feedback to us, Sightbox will be entitled to use such Feedback without restriction. You hereby irrevocably assign to Sightbox all right, title, and interest in and to such Feedback to us and agree that Sightbox will be free to use, disclose, reproduce, license or otherwise distribute, and exploit any Feedback that that you provide to us as we see fit, without obligation or restriction of any kind.
"Sightbox", the Sightbox logo and any other Sightbox product or service names, logos or slogans that may appear on the Services or products are trademarks of Sightbox may not be copied, imitated or used, in whole or in part, without our prior written consent. You may not use any metatags or other "hidden text" utilizing "Sightbox" or any other name, trademark or product or service name of Sightbox (collectively, the "Sightbox Marks") without our prior written consent. In addition, the look and feel of the Services and products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Sightbox and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services or products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Sightbox. All goodwill associated with the Sightbox Marks will accrue and inure to the sole benefit of Sightbox.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray Sightbox or any of our products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Sightbox logo or other proprietary graphic of Sightbox to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Sightbox trademark, logo or other proprietary information, including the images found on the Services or products, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.
Sightbox makes no claim or representation regarding the quality, content, nature or reliability of third party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
11. Third Party Content
We may display content, advertisements, and promotions from third parties through the Services or in shipments with your Order (collectively, "Third Party Content"). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.
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) any Feedback you provide; (c) your violation of these Terms; or (d) 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.
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.
Except as expressly provided to the contrary in a writing by Sightbox, the Services and the Sightbox Content contained therein are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Sightbox disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Services and Sightbox Content contained therein. Sightbox does not represent or warrant that Sightbox Content on the Services is accurate, complete, reliable, current or error-free. While Sightbox attempts to make your access to and use of the Services and Sightbox Content safe, Sightbox cannot and does not represent or warrant that the Services or our servers are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
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.
14. 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.
15. 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.
16. 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.
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 5.2, we may terminate this agreement with or without cause or prior notice. Additionally, you may terminate these Terms for convenience by contacting us.
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.
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.
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In order for us to update your Sightbox membership, we have to have all of the required information filled out.
In order for us to determine which membership plan would be best for you, we need the answers to these questions.
In order for us to contact you and get things started, we have to have all of the required information filled out.
Please provide us with some specific dates and times that would work best for you and we will be happy to reschedule your contact lens exam.
In order for us to setup your Sightbox membership, we have to have all of the required information filled out.
Thanks for stopin' by and have a super week!
Thank you for creating a membership profile and updating your billing information. Once our team has confirmed your prescription with your eye doctor, we will organize your first Sightbox delivery via overnight shipping.
Welcome to the Sightbox family.
Got it. We've updated your membership as requested.
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If you need assistance, please reach out by email or live chat.
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Go check the mailbox for the email address you provided.
To ensure the best possible care for your eyes, we encourage all of our members to get fitted for new contact lenses to start their membership off on the right foot. Err... lens.