Effective Date: February 25, 2023
Welcome to The Optical. Co. The Optical Co LLC operates and provides online services and content through www.theopticalco.com and www.theoptical.co (the “Site”) and through our independently contracted retail locations. We’ll go by “The Optical. Co”, “we”, or “us” to keep it simple. We will refer to the Site, our retail locations, and the products and services available through them as the “Services.”
We are very proud of the Services we offer our clients and patients. The practices of The Optical. Co have been fortunate to provide these Services to our community for generations. By using our Services, you are agreeing to the terms below.
From time to time we will review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time upon seven days’ notice. We’ll provide notice by reasonable means, including by posting the updated Terms and by changing the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because seven days after we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
The Site is a general audience site available to users who can form legally binding agreements under applicable law and is not intended for use by anyone under the age of 18. Only individuals who are at least 18 years old and can form legally binding contracts may use the Services. You can use the Services if you are under 18, but only if you are at least 13 years old and only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be 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 We outline in these Terms. However, We may refuse to let certain people access or use the Services. We may also change our eligibility criteria.
Certain Services will require you to create an Account. 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.
You should not share your Account information. And you should not 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.
The Optical. Co sells glasses, sunglasses, prescription and non-prescription lenses, contact lenses, eyecare products, services and more.
Your Prescription. If you are purchasing prescription eyewear or contact lenses, We need to fill your prescription and to learn how to provide your prescription information to Us. If your prescription information is incomplete, We may need to take additional measures to track down current information, which could mean you have to wait longer for your order.
We keep your prescription on file for some time after you order, and We make that information available to you upon request. We will respond to your request as quickly as possible, but be aware that it could take Us a day or two to retrieve older prescriptions. Please keep that in mind if you need your information by a certain day or time. By requesting a copy of your prescription, you consent to The Optical. Co or an Affiliate or Independent Practice sending your prescription over unencrypted email.
Delivery Information. We will need your name, address, and telephone number to complete your order. It is your responsibility to provide Us with the correct information. The Optical. Co is not responsible for any mistakes, incorrect or lost orders resulting from incorrect information provided.
Payment Information. After you have made your selections and provided your prescription and shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize Us and our third party payment processors to charge the amount of the order to your selected payment method.
Order Changes. We will begin processing your order as soon as possible. We will try our best to accommodate order changes and modifications, We cannot guarantee them. Changes to eyeglass and sunglass orders may result in additional charges.
Returns. For more information about returns and exchanges please visit our Returns page.
Purchase Limits. We do not authorize the purchase of commercial quantities of glasses, and We may place limits on purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of our Terms.
Language. Presently, our order process only supports the English language.
Products, Services & Product Availability. We provide products and services for purchase. We have made a conscientious effort to display and describe the products, services and related specifications available on the Site accurately based on information We receive. We do not guarantee that the product images, services or specifications displayed on the Site are or will remain accurate. The display of a product or service on the Site does not mean the product or service is or will be available. We do not guarantee the availability of any items for purchase and We may revise and discontinue the availability of any items at any time. In the event an item is not available at the time you place your order, it is our policy to send you a notice via your email address, text message or phone call, that such item is not available.
Certain items may require special order from the vendor to fulfill. This can cause a delay in shipping your order. We will make every effort to fulfill these requests in a timely manner.
Shipping. We offer many convenient shipping and in store pickup options. We promise to ship any orders to you in a timely and proper manner. The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
We may provide certain professional, administrative and management services to affiliated eyecare practices (“Affiliates”), and also may have relationships with independent eyecare practices (“Independent Practices”). Although these Affiliates and Independent Practices are separate corporations from The Optical. Co, We may work together in some ways. To the extent The Optical. Co provides Services related to these Affiliates or Independent Practices, such as appointment scheduling, professional services, financial billing, and communications, these Terms apply to your use of such Services.
Patient Agreement Services provided by The Optical. Co are meant to enhance the quality of life for our patients, customers, and our community. As a patient at The Optical. Co, you acknowledge that you understand that the Services provided by the Doctors, Opticians, and Staff ("Eyecare Professionals") of The Optical. Co will be provided with the best interest of your ocular and visual health and performance in mind. Your Eyecare Professionals may prescribe a treatment plan to ensure the best potential of ocular and visual health and performance for you. This treatment plan may be in the form of prescription eyewear, medication, advanced testing, education, or other methods. It is the responsibility of the patient to follow through with this treatment plan as directed. If at any point you do not agree with a treatment plan, you should discuss it with your Eyecare Professional immediately.
Appointments. We rely on clients and patients scheduling appointments and keeping those appointments in order to operate effectively. Scheduled appointments are times that we have reserved exclusively for you, our patient. We require a 48 hour notice via phone or email in the event you must reschedule or cancel an appointment. A credit card is required to reserve an appointment time. We reserve the right to charge up to a $50 administrative fee to any patient's card or account that does not keep the scheduled appointment and provide 48 hour notice to us.
Routinely, we schedule appointments months in advance ("Pre-Appointments"). These Pre-Appointments are designed to guarantee you a saved appointment time in the future. You will be contacted prior to this time to confirm that the saved appointment time still works for your schedule and provide you an option to change this appointment if necessary.
The Optical. Co reserves the right to deny Services to anyone.
Insurance. We do not require you to have vision or medical insurance to be seen at The Optical. Co. We believe that everyone has the right to have access to high quality eyecare and eyewear. If you wish to use your vision or medical insurance for our Services, all Services must be provided at The Optical. Co store locations. The Optical. Co Affiliates and/or Independent Practices may be in-network and out-of-network providers for select medical and/or vision care insurance plans. Enrollment of these plans is decided by our Affiliates and/or Independent Practices.
If you would like to use any insurance benefits towards the services or products provided, it is the responsibility of you, the patient to verify your eligibility, location eligibility and provide us with all necessary information regarding your insurance pre-paid benefits. The Optical. Co will be happy to forward applicable charges to in-network insurance corporations on your behalf at no additional charge. All charges, purchases and fees are the responsibility of the patient. While we will work with you to make sure your new products work best, all sales billed through insurance are final and are not available for return. We will work within your plan to give you the products you want at the best possible price. Many times this is out of our control with insurance. You will be responsible for all charges that are defined in your contract with your medical or vision insurance carrier as well as any non-covered charges. We reserve the right to, but not exclusively required to decide when to discount any Services in which your insurance recommends a discount for. Any Services that is not covered by insurance, not written off by The Optical. Co is the responsibility of the patient and are due at the time of service.
If you would like to use any insurance as a payment method, The Optical. Co will be happy to do so. In the event that an insurance denies payment, for any reason, the patient is responsible for the full amount of charges. If a patient refuses treatment at the time of scheduled Service due to insurance ineligibility, we reserve the right to charge up to a $50 administrative fee.
As your medical eyecare provider, The Optical. Co’s best interest is in you, our patient, not your insurance corporation. We will work on your behalf to ensure your insurance corporation cooperates in a timely and ethical manner in accordance to the provider agreement contract with them. All copays, deductibles, and non-applicable charges are the responsibility of the patient and are due at time of services. Any charges denied by a patient's insurance corporation will be forwarded to the patient per the provider agreement contract. It is the responsibility of the patient to provide all valid insurance information to ensure proper billing and payment. While The Optical. Co is happy to assist and consult our patients on the matter of insurance corporation pre-paid benefits, it is the responsibility of the patient to review their specific vision or medical plan. If a patient wishes to question or dispute an insurance explanation of payment they may do so by contacting their insurance corporation's customer service directly. A $60 deposit at time of visit will be required to secure deductible amount when medical eye services are charged. This amount will only be applied if charges are to be forwarded to patient as instructed by your major medical insurance carrier. Any monies owed back to the patient will be refunded as outlined in the Refunds section below.
For online orders and out-of-network Services; we will be happy to provide you with an itemized invoice receipt that you may submit to your insurance provider for reimbursement. The Optical. Co does not bear any responsibility in regards to if a claim will be reimbursed or the amount of reimbursement. That is between you and your insurance provider.
Text Messages. By using our services, opting-in to text messaging or by sending us an initial text message, you agree to receive text messages (a.k.a. SMS messages) from The Optical. Co (including text messages sent on behalf of our Affiliates and Independent Practices), some of which may be considered marketing under certain laws and may be sent using an autodialer. If you provided your phone number to Us in the course of seeking, receiving, or paying for HIPAA-covered health care services (e.g., making an appointment or filling an optical prescription), then We will not use that phone number to send you text messages for marketing, as defined by HIPAA, without your express authorization or unless as otherwise permitted by HIPAA or other applicable law. You also represent that you are the owner or authorized user of the mobile device you use to subscribe for the mobile service and that you are authorized to approve the applicable charges. You’ll be responsible for all messaging and data charges that may apply. You can opt-out of receiving text messages from Us at any time by texting “STOP” from the mobile device receiving the messages. For additional help, you can contact us at (614) 477-9229 or email@example.com.
Security. We take your privacy very seriously, but the transmission of data over the Internet and mobile networks isn’t 100% secure. Text messages and emails you send to or receive from The Optical. Co are not encrypted, which means that they’re vulnerable to interception by third parties. If you choose to send or receive financial information, information about your health (including your prescription information), your insurance identification number, or any other sensitive information by text or email, you do so at your own risk. By texting Us or requesting that We text you, you consent to receiving unencrypted text messages from The Optical. Co. Likewise, by emailing Us or requesting that We email you, you consent to receiving unencrypted emails messages from Us.
All of the content that appears on the Services, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of The Optical. Co, or our licensors and is protected by United States and international copyright laws. Certain activities provided via the App may be licensed under U.S. Patent 6,624,843. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site, and the Services (collectively the “Marks”) are proprietary to The Optical. Co, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from Us. You may not remove or otherwise modify any legal or trademark notices from any content We make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at firstname.lastname@example.org.
Subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Services solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Services as We provide them, in the manner We permit through these Terms.
If you are prohibited under applicable law from using the Site or the Services, you may not use them.
The Right to Use the Services do not allow you to do any of the following:
Third-Party Content and User Content. You may see content on the Services. Some of this content will come from other users or sources outside of The Optical. Co. All content, including User Content and third-party content, is the responsibility of the party that creates it. The Optical. Co does not control or endorse any User Content or third-party content, and We make no claims or representations regarding any content We do not create. We may provide links to third-party sites or resources, but these links do not mean We endorse or have any associations with the third parties. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that We are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk. Disrupting traditional models in the eyewear industry keeps Us pretty busy, but We still try to stay on top of things happening around the Services. We may review content on the Services, but We do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. The Optical. Co will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether The Optical. Co or another party provides it.
Site Content. Our content is for reference only and should not in any event be construed as medical advice or specific instructions for individual patients. The Services on the Site and any health-related information and resources are not intended and must not be taken as the rendering of medical, optometric, or professional health care advice or services, or the practice of medicine, optometry, or professional health care in any jurisdiction. Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle, and medication regimen. Your health care provider can best assess and address your individual health care needs. If you are experiencing a medical crisis, eye emergency or health care emergency please call 911 or contact your local emergency department or licensed eye doctor in your area for an in-person assessment as soon as possible.
We respect the rights of our users and of others. If at any time you feel some or all of our Services may be infringing upon someone’s intellectual property rights please contact us immediately at email@example.com.
By using our Services you understand and agree that We have no control over, and no duty to take any action regarding:
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and, to the fullest extent permitted by law, We will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
The Services are provided “As Is” and without warranty of any kink. To the maximum extent permitted by law, The Optical. Co disclaims all representations and warranties, expressed or implied, relating to the services or any content on the services, whether provided or owned by The Optical. Co or by any third party, including without limitation warranties of merchantability, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed. In addition, The Optical. Co does not represent or warrant that the content accessible via the services is accurate, complete, available, current, free of viruses or other harmful components, or that the results of using the services will meet your requirements. Please note that some jurisdictions may not allow the exclusions of implied warranties.
To the fullest extent permitted by applicable law, in no event will The Optical. Co or anyone representing The Optical. Co be liable to you under contract, tort, strict liability, negligence or any other legal or equitable theory, for (a) any lost profits, data loss, cost of procurement of substitute goods or services, or direct, indirect, incidental, special, punitive, compensatory or consequential damages of any kind whatsoever resulting from: (i) your access to, use of, or reliance on any content provided through the services or any errors or omissions in any content; (ii) any unauthorized access to or use of the services or secure servers and/or any and all personal information and/or financial information stored therein; (iii) any interruption or cessation of transmission to or from the services; or (iv) any bugs, viruses, trojan horses or the like that may be transmitted to or through our services by any third party (regardless of the source of origination) or (b) any direct damages in excess of (in the aggregate) of the greater of (i) fees paid to us for the applicable products; or (ii) $500.00.
To the fullest extent permitted by applicable law, these limitations apply regardless of legal theory, whether based on tort, strict liability, breach of contract, breach of warranty or any other legal theory, and whether or not The Optical. Co was advised of the possibility of such damages.
We reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
No matter where you’re located, the laws of the State of Ohio will govern these Terms and the relationship between you and The Optical. Co as if you signed or otherwise agreed to these Terms in Ohio, without regard to Ohio’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the federal or state courts in Franklin County, Ohio for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of these Terms.
The Optical. Co is an independently owned and operated small business. Our goal is to provide you, our client, with the highest level of products and services in the optical and eye care industry. If at any time you feel that we violated these Terms or may have not fulfilled our obligations to you properly or professionally, please contact us immediately by phone at (614) 477-9229, email at firstname.lastname@example.org or by mail at THE OPTICAL. CO, 870 N High St., Columbus, OH 43215.
In the interest of resolving disputes between you and The Optical. Co in the most expedient and cost effective manner, you and The Optical. Co agree that every dispute arising out of or in connection with these Terms or your use of the Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these terms, you and The Optical. Co are each waiving the right to a trial by jury or to participate in a class action.
Exceptions. Despite the provisions of this Section (a) nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and The Optical. Co will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by contacting The Optical. Co. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). The Optical. Co’s address for Notice is: THE OPTICAL. CO, 870 N High St. Columbus OH 43215, Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or The Optical. Co may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or The Optical. Co must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees. If you commence arbitration in accordance with these Terms, you are responsible for all fees associated with the filing of a claim.
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. Nothing in these terms will affect any non-waivable statutory rights that apply to you.
By using the Services, you consent to receiving certain electronic communications from Us. You agree that any notices, agreements, disclosures, or other communications that We send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. If you want to change your communications preferences, please contact us at email@example.com
Our focus is to you, our client. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including mechanical, electronic or communications failure or degradation, supplier shortages or service provider failures, acts of god, governmental actions, or delays, disruptions and shortages due to or as a result of public health emergencies, epidemic, pandemics (e.g., COVID-19), or similar events.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If We do not enforce any part of these Terms, it does not mean We give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, We must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.
Notice for California Users. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Have questions regarding these Terms of Services, contact us at firstname.lastname@example.org