Terms of Use

 

Welcome to www.Optiwow.com (“Website”). This website is owned and operated by Pediatric Plus Optical, Inc., dba Optiwow, including its related companies, affiliates and subsidiaries (collectively “PPO,” “we,” “us,” “our”). We make our Website available to you, subject to the following Terms of Use (“Terms of Use”). PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING WWW.OPTIWOW.COM. By using our Website, you agree to these Terms of Use and agree they create a legally binding agreement between you and PPO. If you do not agree to these Terms of Use, you may not use our Website. These Terms of Use are effective unless and until terminated by PPO.

 

Minors or people below 18 years old are not allowed to use this Website.

 

CHANGES TO TERMS OF USE

PPO reserves the right, at any time, to modify, amend, alter or update these Terms of Use. These changes will be effective as of the date we post the revised version. By continuing to use our Website following such modifications, amendments, alterations or updates, you agree to be bound by such modifications, amendments, alterations or updates. Therefore, you should periodically visit this page to review our most current Terms of Use.

 

You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of this Website. For your convenience, we will post the effective date of the Terms of Use below, so that you can see at a glance whether our Terms of Use have changed since your last visit.

 

These Terms of Use were last updated on March 8, 2017.

 

NO PROFESSIONAL ADVICE

Any information supplied through this website or by any of our employees or agents, whether by telephone, e-mail, letter, facsimile, or other form of communication, is only for informational purposes and does not constitute medical or other professional advice. Health-related information provided through this website is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. If you have any eye-related medical or health-related questions, you should contact the first your personal physician or, if you do not have a personal physician, the American Association for Pediatric Ophthalmology and Strabismus directory to locate a qualified pediatric ophthalmologist. PPO does not endorse, make any representation regarding, or in any way guaranty, the work or abilities of the medical professionals listed therein. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy which could be found on the home page of our website.

 

VALID PRESCRIPTION REQUIRED

You hereby certify that you have a valid prescription for any prescription eyeglasses, sunglasses or specialty glasses that you are ordering. You represent and warrant to PPO by placing an order that the information you provide to us through the Website is valid and true and matches exactly your prescription as provided by your eye care provider. You further certify that you will renew your prescription in strict accordance with your eye care provider’s suggested regime. You understand that we will not fulfill your order unless you have a valid prescription. PPO does not verify prescriptions with the eye care provider, and nothing herein represents a promise or obligation by PPO to conduct such verification. By presenting a prescription to us to fill, you are representing and warranting to us that the prescription is valid. We are not responsible for any mistakes or inaccuracies in the prescription information you give us. You hereby consent to our contacting your eye care provider where we deem necessary, or providing a copy of your original prescription to us, to verify your prescription information and any other necessary information.

 

COLOR AND PRODUCT DESCRIPTION

We have made every effort to display as accurately as possible the colors of our products that appear at the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Additionally, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If you wish to return any product, you must comply with the Returns, Exchanges, Warranties and Cancellation Policy which can be found under the Orders section of our website.

 

SITE TRANSACTIONS AND PROMOTIONS

We are not responsible for typographical or other errors or omissions regarding products, prices, or other information provided on this site. All product sales and promotions are subject to the terms of this Terms of Use, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the site. Prices and promotions are subject to change without prior notice, and inventory and availability are subject to change.

 

Depending on your location, items purchased from this site may be subject to taxes, duties, fees, and other charges at the applicable state and local rate. Applicable taxes will be displayed during the ordering process. The risk of loss and title for all items purchased from this site pass to you upon our delivery to the carrier.

 

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer, to cancel any order or part of an order, or to refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered.

 

From time to time, we may offer and/or co-sponsor contests, sweepstakes, games, or other similar promotions via this site. Each of these activities shall be governed by specific rules accessible from the site in connection with the promotion.

 

SHIPMENT AND DELIVERY

PPO ships via different domestic and international carriers. Our system is integrated directly with UPS, FedEx, and the USPS so you will know immediately how much the different services will cost you. Shipment time-frames are estimates and do not include processing days. For estimated processing times, please see our How We Process Your Order page.

 

For international shipments: PPO is not responsible for border duties or customs fees. Duties and taxes will be assessed by the country where the order is being shipped and payable upon receipt of the order. Should you need to return an item, be sure to declare it as “Returned Item without Value” so that we do not have to bill you for duties charged by U.S. Customs.

 

It is important that you enter your address correctly as our mailing program will not capitalize, punctuate, or space for you. If your package is to arrive at a commercial address – like an office – please indicate that your eyeglasses are to be delivered in care of the company name. The postal service does not and will not recognize individuals at commercial addresses. Failure to input any part of your address will cause delays in your shipment and create added expense for your product. PPO will not refund or exchange products that were shipped to an address that was missing information consequently making them undeliverable.

 

RETURNS POLICY

All returns, exchanges and warranties require a Return Authorization (RA) number, which you can obtain by emailing us. The RA number is valid for 30 days. Returns without an RA number will not be accepted. The RA number must be written on the outside of the package and on the return shipping label.

 

All products returned must be in their original new condition and the product and the packaging must have no marks, scuffs or scratches, and must include the original packaging, case, cleaning cloths, instruction booklets and warranty cards along with a copy of the original invoice.

We are not responsible for lost or stolen packages. Returns must be sent prepaid by a traceable carrier such as UPS or FedEx to the following address:

 

Pediatric Plus Optical, Inc.

3200 SW 60th Court

Suite #103

Miami, FL 33155

 

We are not responsible for taxes or duties incurred for international returns. These fees are the responsibility of the sender.

 

FRAMES RETURN OR EXCHANGE

If you are not fully satisfied with your purchase, we offer a one-time full refund within 20 days of the original purchase date for any new, unused frames returned in their original new condition with their original packaging.

 

FRAME WARRANTY

All frames sold by PPO are backed by a Manufacturer’s Warranty for one year from the date of purchase for all manufacture defects such as problems with hinges, welding points and structural design. The warranty does not cover damage caused by chewing, bending, dropping, stepping, sitting, twisting, wear and tear or other mishandling of the frame.

 

Defective frames covered by the Manufacturer’s Warranty will be replaced. If the frame has been discontinued, it will be replaced with the same frame in another color or a model of equal value from the Manufacturer. PPO will cover shipping and handling charges related to replacing defective frames.

 

LENS EXCHANGE

We pride ourselves in using premium quality lenses, and all lenses are inspected by licensed opticians to ensure that the lenses accurately reflect the prescription filled. PPO is not, however, responsible for the accuracy of your eye care provider’s prescription. If your eye care provider’s prescription was inaccurate, the same eye care provider may issue a corrected prescription. In the event your prescription is incorrect, we will promptly replace your child’s lenses with the new prescription at 50% of your original cost (plus shipping) within 45 days of your original purchase.

 

LENS WARRANTY

While all prescription lenses are treated with a scratch-resistant coating, lenses are not scratch proof and must be treated with care. If your lenses become scratched, we offer a onetime replacement of the original prescription for 50% of the original purchase price within one year of the original purchase date.

 

SUNGLASS RETURN OR EXCHANGE

If you are not fully satisfied with your non-prescription sunglass purchase, PPO will either exchange your frame or refund your purchase price provided that you return them in original new condition with the original packaging within 15 days of your shipping date. We are not responsible for shipping costs associated with returns or exchanges. There is no scratch warranty on sunglass lenses.

 

ORDER CANCELLATION

A non-prescription eyewear order can be cancelled within 24 hours of its placement provided the order has not shipped. Prescription lens orders cannot be cancelled. If the frame you ordered is not immediately available, we will give you the option of canceling your order or making another selection.

 

DAMAGED ITEMS

If the item you receive is damaged, you must notify us within three (3) business days of receipt of the damaged items. No refunds will be made after that time.

 

DISCLAIMER OF WARRANTIES

 

THIS SITE, ITS CONTENT, AND ANY ASSOCIATED PRODUCTS OR SERVICES ARE PROVIDED BY PPO ON AN “AS IS” AND “AS AVAILABLE” BASIS. OTHER THAN THE LIMITED WARRANTIES DESCRIBED IN OUR RETURNS POLICY, PPO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY PRODUCTS OR SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PPO DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, PPO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PPO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.

 

BY USING THE PPO SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. PPO DOES NOT WARRANT OR GUARANTEE THAT ITS SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF PPO ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, PPO DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND PPO, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

 

PPO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF PPO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, PPO WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY'S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON PPO’S COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PPO, ITS PARENT, SUBSIDIARIES OR AFFILIATES - WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY - ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE OR THE PRODUCTS AND SERVICES OFFERED THEREIN EXCEED THE TOTAL AMOUNT YOU PAID TO PPO.

 

You agree to indemnify, defend and hold harmless PPO, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this site and the products or services provided in connection with the site, or your breach of any provision of this Terms of Use or any warranty provided hereunder.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

ELECTRONIC COMMUNICATIONS

When you visit the Website, or send e-mails to us, you are communicating with us electronically and are consenting to receive communications from us electronically regarding a purchase or response to a question or comment or because you have chosen to receive promotional, legal, or reminder emails about your glasses. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Any photographs, audio, video text, images, correspondence, and information or other material you send, upload, or otherwise provide to us electronically or otherwise (“User Submissions”) are subject to our privacy policy. By providing your User Submissions, you grant PPO a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

 

Your User Submissions must be your own and must not be invading any third-party’s rights. PPO reserves the right to add or remove any of your User Submissions from this Website at any time without notice.

 

INTELLECTUAL PROPERTY RIGHTS

PPO respects the intellectual property rights of others. All rights, title, and interests in this Website, including the OPTIWOW and OPTIWOW and Design trademarks, all the software and code that is used in connection with, comprises, operates or is in any way a part of this Website, and all of the text, photographs, images, illustrations, graphics, video, and other materials appearing on or provided through this Website (collectively the “Content”) are owned by PPO or by third parties who have licensed or provided their Content to us. This Website is protected under trademark, service mark, copyright, patent, trade secret and other intellectual property laws. You are prohibited from using any of the Content except as part of your use of this Website and are also prohibited from using this Website or the Content to infringe or violate any intellectual property rights. PPO may terminate your right to access the website if it believes you are using this Website in a manner that infringes any intellectual property rights.

 

We may investigate occurrences that may involve violations of the security of the Website or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

EXPORT

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.

 

THIRD-PARTY CONTENT

Some of the information and material available through the Website are provided to PPO by third parties (“Third-Party Material”). In some instances, the source of the Third-Party Material is identified. Third-Party Material is provided for your convenience only and PPO does not endorse these materials or the parties who supply them to us. PPO does not warrant or represent that these Third-Party Materials are current, accurate or reliable.

 

In addition, the Website may contain links to other websites or applications owned by third parties (“Linked Content”). PPO is not responsible for examining or evaluating the Linked Content and is not responsible for the accuracy of the content of their websites or applications. PPO does not own, control or maintain the Linked Content and cannot be responsible for the Linked Content privacy policies or practices. Before you use any third-party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in this Website does not imply PPO’s endorsement, guaranty or warranty of such third-party website or application.

 

PERSONAL USE ONLY

Our Website and the Content are intended for your personal use. Except as otherwise provided on the Website, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sell, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website nor may you do any of the above with the Content. Use of this Website and use of any of the Content to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales, engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website is expressly forbidden. You are further forbidden from using this Website in any way that is or may be damaging to this Website or to any person or business entity, impacting user access to this Website, or otherwise contrary to applicable laws and regulations. You are absolutely prohibited from reselling in any manner any products you purchase from PPO, whether you purchased the products through the Website or by any other means.

 

Certain areas of this Website are restricted from being access by you and PPO may further restrict access by you to any areas of this Website, at any time, in absolute discretion.

 

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Website. Account Information and certain other information about you are subject to our Privacy Policy. Please review our Privacy Policy to understand our privacy related practices.

 

By creating an account with PPO, you consent to receive communications from us electronically via the email address associated with your account, or via whatever other contact information such as text, you may utilize to communicate with us. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the Website, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).

 

SECURITY

You are prohibited from violating, or attempting to violate the security of this Website. Any such violations may result in criminal and civil liabilities to you. Violations of this Website include, without limitation, (a) accessing data not intended for you; (b) attempting to probe, scan, or test the vulnerability of any system or network; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Website, overloading, “flooding,” “spamming,” or “crashing” any system; or (d) interfering with, intercepting or expropriating any system, data or information. PPO will investigate any alleged violations and will cooperate with law enforcement agencies in their investigations.

 

PRIVACY POLICY

The usage of personal information is addressed in our Privacy Policy, which you can and should read and is accessible on the home page of this Website. Your use of this Website constitutes your agreement to the terms set forth herein and to the terms of the Privacy Policy.

 

USER’S REMEDY

You agree that if you are dissatisfied with the site or any products or services offered in connection with the site, if you do not agree with any part of this Terms of Use, or you have any other dispute or claim with or against PPO with respect to this Terms of Use or the site, your sole and exclusive remedy is to discontinue using the site and any services offered in connection with the site.

 

In no event shall PPO, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. PPO, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

 

ASSIGNMENT

PPO is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms of Use without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.

 

SEVERABILITY

If any provision of these Terms of Use is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

 

ENTIRE AGREEMENT

These Terms constitute the entire agreement between PPO and you in relation to your use of this Website, and supersede all prior agreements and understandings.

 

GOVERNING LAW AND VENUE

The Terms of Use and the relationship between you and PPO shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You hereby irrevocably consent to the personal and exclusive jurisdiction of the courts located within the county of Miami-Dade, State of Florida in all disputes arising out of or relating to the use of the Website. The failure of PPO to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

 

This site is created and maintained by PPO. We make no representation that the site or any of its content is appropriate or available for use outside the United States of America, and access to the site from territories where the content is illegal is prohibited. You agree that you are solely responsible for compliance with applicable local laws connected with your use of this site.

 

QUESTIONS ABOUT TERMS OF USE

If you have any questions regarding these Terms of Use, please either:

 

Send an email to contactus@optiwow.com or

 

Write to PPO at the following address: 3200 SW 60th Court, Suite #103, Miami, FL 33155.