Terms of Use
Welcome to Casey Optical Too, LLC (the “Site”). Casey Optical Too, LLC (“Company”) operates the Site and provides website features and other products and services to you when you visit or shop at the Site (collectively, the “Services”). Company provides the Services subject to the terms and conditions in these Terms of Use (the “Terms of Use”).
These Terms of Use are a Binding Agreement. Please read carefully
If you access and use the Services, you accept these Terms of Use. In these Terms of Use, access and/or use of the Services or similar language means your accessing, visiting or browsing the Site, purchasing product from the Site, sending or receiving email or other electronic communications to or from the Company, and other similar events or services offered in connection with the Services.
Please read these Terms of Use carefully. Company is permitting you to use the Services subject to your agreement to be bound by these Terms of Use as well as our Privacy Policy (available here) and any other written agreement between the parties concerning the Site or the Services. If you do not agree to be bound by these Terms of Use, do not use or access the Services.
Similarly, if accessing certain portions of the Services, you may also have additional terms and conditions you must agree to before you can have access to those products, materials, content and information (the “Service Terms”). If these Terms of Use are inconsistent with the Service Terms, the Services Terms will control.
We Reserve the Right to Make Changes to Terms of Use
In its sole and absolute discretion, Company may amend or replace these Terms of Use at any time by posting the most recent version on the Site. You are responsible for reviewing these Terms of Use upon each visit to the Site. You can determine if the Terms of Use have been revised since your last visit by referring to the “Last Modified” date at the top of this document.
Eligible Users
Only persons over the age of eighteen (18) and who can form legally binding contracts are permitted the full use of Services. If you are under the age of eighteen (18) but over the age of thirteen (13), you may use the Services if under the supervision of a parent or guardian who is over the age of eighteen (18). In all cases, and particularly in regard to any purchases made on the Site, the supervising adult is considered the user and is responsible for any and all activity.
Your use of the Services means you represent and warrant that you meet all eligibility requirements which we have outlined in these Terms of Use. However, we may refuse to let certain people access or use the Services. We may also change our eligibility criteria.
Restrictions on Use
All pages and content within the Services and any material made available for download are the property of Company and/or its affiliates, licensees or sponsors (and the term “Site” includes all such pages, content and material). The Services are protected by United States and international copyright and trademark laws. Company grants you a limited, personal, non-exclusive and non- transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with the Services. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Services or any materials. The Services are for your own personal use only. Except as expressly provided for herein, or otherwise provided for in writing by Company, no portion of the Services may be copied, downloaded, displayed, reproduced, modified, edited or created as derivative works, distributed, altered, enhanced or published in any manner. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
You further agree not to use the Services:
- To send, knowingly receive, upload, download, use or re-use any material which violates these Terms of Use;
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability; or
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.
Access to and use of password protected and/or restricted areas of the Services is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Services may be subject to civil liability or criminal prosecution under applicable laws.
You represent and warrant that your use of the Services does not violate any applicable laws of the jurisdiction in which you reside or from which you use or otherwise access the Services; that all information you provide to us is correct; and your use of the Services shall be in accordance with these Terms of Use and all applicable laws. Any rights not expressly granted by the Terms of Use or any Service Terms are reserved by Company.
Setting Up an Account
You may navigate much of the Site without creating a user account (”Account”); but certain Services (like making a purchase) will require you to create an Account. We will save identifying information (name, address, telephone numbers, DOB, etc.) on our secure server, but we will not store any payment information after your transaction is completed. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal device in connection with the Services. Similarly, for any Services 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 Services. In order for us to provide you the best possible service, you agree to provide us 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 we will not be responsible. By creating an Account, you acknowledge that you are an eligible user and you are responsible for using the Services in a lawful manner.
You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account. If you suspect that your password has been compromised, you must notify the Company immediately. You should never share your Account information or use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
Trademark and Copyright Notice
You acknowledge that all content and materials available through the Services are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Company or its licensors. Other than nominative uses, the use or misuse of any of such content, materials, trademarks and services marks is strictly prohibited.
The Services, including, but not limited to text and pictorial and graphic works, are copyrighted materials owned or controlled by Company. You may download and print copies of these materials for your use in learning about and evaluating Company’s products. No other permission is granted to you to download, upload, reproduce, modify, distribute, or publish these materials in any form. No permission is granted to you to hyperlink with the Site.
Description and Availability of Products
The Services feature products (such as eyeglass frames and lenses) available for purchase and the Site serves as an advertisement for those products. We have sought to display the dimensions and colors of our products on the Site as accurately as possible, although we cannot guarantee that these descriptions will match the products exactly. Accordingly, Company does not make any warranty or representation that the product’s dimensions or colors as shown will be accurate or that every product mentioned or advertised through the Services will be available for purchase at any given time. Further, Company reserves the right to cease offering certain products or add additional products without modifying any information available through the Services. Any prices posted through the Services while believed to be up-to-date and accurate, are also subject to change without notice and the actual selling price may be more or less than noted through the Services.
Your Account
If you use the Services, you will be required to register to create an account (“Account”) before ordering eyeglasses and provide certain information, including a name, password, home address, email address, phone number, preferred eye care professional or retail store, prescription information, and, if applicable, credit card or other payment information, including billing and shipping address (the “Account Information”). This Account Information may be updated by clicking account. Your information will NOT be saved on the eCommerce server, but may be entered in our patient database while we process your order.
You agree that the Account Information that you provide is current, accurate and complete and you agree to update your Account Information to keep it current, accurate and complete. If you provide Account Information that is untrue, inaccurate, not current or incomplete, or we have plausible suspicion that such information is inaccurate, incomplete or untrue we reserve the right to suspend or terminate your Account and refuse any and all current and future use of the Services including, but not limited to, sales resulting from the Services.
Personal Information
Company will not use or transfer your personal information to third parties, except for the limited purposes as set forth in our Privacy Policy. For example, Company may use your personal information to enable you to access and use the Services. You hereby consent and authorize Company to use and disclose your personal information as permitted under these Terms of Services, including the Privacy Policy. You acknowledge that when you consent to the transfer of the information to permitted third parties, Company has no control over how those third parties use and disclose such information.
Ordering Process
To order eyeglass frames through the Services, you will need to select your desired frames and choose between the different lens type(s) that are available for such frames. To complete the order of prescription eyewear, you will need to include the information of your prescription into the appropriate template on the Site when prompted. The prescription form will ask you to copy the information from your prescription onto the Site. For any prescription eyewear that you order, you must have a valid, current prescription issued by a duly licensed eye care professional located in the United States. If your prescription does not include an expiration date, we will fill your order in accordance with applicable legal requirements or within two years of the date of the prescription. Please carefully follow the instructions and guidelines provided when completing the prescription form. You are solely responsible for the accuracy of the information provided.
We will also need your Pupillary Distance (“PD”) to fill your order. If your PD is not on your prescription, you will need to acquire your PD by consulting an eye care professional. Most eye health professionals measure a monocular PD, but if your PD is binocular, you may indicate this when prompted.
When you place an order, you will receive an email notification indicating that the order was received.
Payment
After you have made your eyeglass selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift card information you may have. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option, including, as applicable, sales or use taxes and any shipping and handling charges. We use a third-party payment processor to allow you to pay for orders through the Services. The processing of payments will be subject to the terms and conditions of the third- party payment processor. You can read their terms of use here and their privacy policies here.
We cannot accept insurance for online sales at this time.
Sales Tax
In accordance with applicable state and local laws, items sold through the Services may be subject to sales or use tax. We are local to Albuquerque, New Mexico, as are our patients, and will calculate the amount of applicable sales tax due on transactions shipped within the state accordingly. Your purchase is not exempt merely because it is made over the Internet through the Services.
