OptaZoom Practitioner Terms of Use

Conditions of Use

Last updated: September 9th, 2021

Welcome to OptaZoom. OptaZoom provides website features and other products and services to you when you visit or shop at OptaZoom.com, use OptaZoom products or services, use OptaZoom applications for mobile, or use software provided by OptaZoom in connection with any of the foregoing (collectively, "OptaZoom Services"). By using OptaZoom Services, you agree, on behalf of yourself and all members of your optometric practice and others who use any OptaZoom Service under your account, to the following conditions.

Please read these conditions carefully.

PRIVACY

Please evaluate our Privacy Notice, which governs your use of OptaZoom Services.

ELECTRONIC COMMUNICATIONS

When you use OptaZoom Services, or send correspondences from your device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other OptaZoom Services, such as our Message Center, and you can retain copies of these communications for your records. 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.

COPYRIGHT

All content and software included in or made available through any OptaZoom Service, is the property of OptaZoom or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any OptaZoom Service is the exclusive property of OptaZoom and protected by U.S. and international copyright laws

TRADEMARKS

All graphics made available through OptaZoom Services are OptaZoom trademarks. OptaZoom's trademarks may not be used without OptaZoom's permission, especially to the extent that it could cause confusion among customers, or in any manner that disparages OptaZoom.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, OptaZoom or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the OptaZoom Services. This license does not include any resale or commercial use of any OptaZoom Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any OptaZoom Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by OptaZoom or its licensors, suppliers, publishers, rightsholders, or other content providers. No OptaZoom Service, nor any part of any OptaZoom Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of OptaZoom. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OptaZoom without express written consent. You may not use any meta tags or any other "hidden text" utilizing OptaZoom's name or trademarks without the express written consent of OptaZoom. You may not misuse the OptaZoom Services. You may use the OptaZoom Services only as permitted by law. The licenses granted by OptaZoom terminate if you do not comply with these Conditions of Use or any Service Terms

YOUR ACCOUNT

You may need your own OptaZoom account to use certain OptaZoom Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Payments in your account dashboard to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. OptaZoom does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the OptaZoom Services only with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their OptaZoom Household. Alcohol listings on OptaZoom are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. OptaZoom reserves the right to refuse service, terminate accounts, terminate your rights to use OptaZoom Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. OptaZoom reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant OptaZoom a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OptaZoom and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify OptaZoom for all claims resulting from content you supply. OptaZoom has the right but not the obligation to monitor and edit or remove any activity or content. OptaZoom takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All purchases of physical items from OptaZoom are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

OptaZoom does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, OptaZoom does not take title to the refunded item.

PRODUCT DESCRIPTIONS

OptaZoom attempts to be as accurate as possible. However, OptaZoom does not warrant that product descriptions or other content of any OptaZoom Service is accurate, complete, reliable, current, or error-free. If a product offered by OptaZoom itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on OptaZoom and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on OptaZoom. With respect to items sold by OptaZoom, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by OptaZoom is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by OptaZoom, such as the OptaZoom App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any OptaZoom Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using OptaZoom Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including OptaZoom Software), technology, and services.

OTHER BUSINESSES

Parties other than OptaZoom operate stores, provide services or software, or sell product lines through the OptaZoom Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from OptaZoom. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). OptaZoom does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE OptaZoom SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OptaZoom SERVICES ARE PROVIDED BY OptaZoom ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OptaZoom MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OptaZoom SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OptaZoom SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OptaZoom SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, OptaZoom DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OptaZoom DOES NOT WARRANT THAT THE OptaZoom SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OptaZoom SERVICES, OptaZoom'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OptaZoom ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, OptaZoom WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OptaZoom SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OptaZoom SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNIT

DISPUTES

Any dispute or claim relating in any way to your use of any OptaZoom Service will be adjudicated in the state or Federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial

APPLICABLE LAW

By using any OptaZoom Service, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and OptaZoom.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

This policy also governs your use of OptaZoom Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

OptaZoom.com,Inc.

5777 W. Century Blvd. Ste 140-1110

Los Angeles, CA 90045

https://www.OptaZoom.com

ADDITIONAL OptaZoom SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with OptaZoom Services (the "OptaZoom Software").

1. Use of the OptaZoom Software. You may use OptaZoom Software solely for purposes of enabling you to use the OptaZoom Services as provided by OptaZoom, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the OptaZoom Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the OptaZoom Software in whole or in part. All software used in any OptaZoom Service is the property of OptaZoom or its software suppliers and is protected by United States and international copyright laws.

2. Use of Third Party Services. When you use the OptaZoom Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the OptaZoom Software, whether in whole or in part.

4. Updates. We may offer automatic or manual updates to the OptaZoom Software at any time and without notice to you

5. Government End Users. If you are a U.S. Government end user, we are licensing the OptaZoom Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the OptaZoom Softwar

6. Conflicts. In the event of any conflict between these Conditions of Use and any other OptaZoom or third-party terms applicable to any portion of OptaZoom Software, such as open-source license terms, such other terms will control as to that portion of the OptaZoom Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

OptaZoom accepts service of subpoenas or other legal processes only through OptaZoom’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:

OptaZoom.com, Inc

Corporation Service Company

5777 W. Century Blvd. Ste 140-1110

Los Angeles, CA 90045

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for OptaZoom devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Copyright Agent

OptaZoom Inc. Legal Department

5777 W. Century Blvd. Ste 140-1110

Los Angeles, CA 90045

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;  

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the site;

Your address, telephone number, and e-mail address;