Last Modified: July 28th, 2024
1. Acceptance of the Terms of Service
These Terms of Service are entered into by and between You and Optodex, Inc. (“Company,”“we,” or “us”). The following terms and conditions, together with the Privacy Policy (collectively, “Terms of Service”), govern your access to and use of https://optodex.com/, including any content, functionality, and products and/or services offered on or through https://optodex.com/(the “Website”).
Please read the Terms of Service carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://optodex.com/privacy-policy, incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.This Website is offered and available to users who reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Website.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms of Service.
THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, PER SECTION 21 HEREIN.
BY ACCEPTING THIS AGREEMENT, YOU CONSENT TO A CLASS ACTION WAIVER.
2. Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Notwithstanding the preceding, any changes to the dispute resolution provisions set out in Sections 20 or 21 of these Terms of Service will not apply to any claims or disputes filed by you on or before the stated effective date for the revised Terms of Service.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website and products and/orservicesor materials we provide on the Websitein our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.
You are solely responsible for the following:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
- If registering or creating an account with us, maintaining the security and confidentiality of your access credentials and for restricting access to your device and for all activity under your account.
- You agree not to sell, transfer, or assign your account or any account rights. In addition, accounts may only be set up by the individual that is the subject of the account and who is of the age of majority. We do not review accounts for authenticity and are not responsible for any unauthorized accounts.
To access the Website or the resources it offers, whether related to the sale of products or otherwise, you may be asked to provide certain personal information for us to best service any orders you may place on the Website. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide through the Website or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You should use particular caution when accessing the Website from a public or shared computer or mobile device or using a computer or mobile device in a public space or on a Wi-Fi network not owned or controlled by you.
4. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for session management, site personalization, performance, and display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide sharing features with certain content, you may take such actions as are enabled by such features.
You also must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of the Website or any products and/or services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this Section, please address your request to: [email protected].
If you print, copy, modify, download, or otherwise use or provide any other person or entity with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
5. Trademarks
The Company name, Optodex, Inc., the term “Optodex,” the Company logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with Section 8 (Content Standards) set out herein.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,”“chain letter,”“spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose the Company or them to liability.
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- To use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- To use any device, software, or routine that interferes with the proper working of the Website.
- To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, mobile device or database connected to the Website.
- To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- To otherwise attempt to interfere with the proper working of the Website.
7. Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, for any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone utilizing any products and/or services or materials we provide on the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES AND LICENSEESFROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PERSONS OR ENTITIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY SUCH PERSONS, ENTITIES, OR LAW ENFORCEMENT AUTHORITIES.
8. Content Standards
The content standards set forth in this Section 8 (the “Content Standards”) must be complied with if you choose to post a link to our products or Website, or post content on the Website, as discussed in Section 13 (“Linking to and Posting Content on the Website”) below.
You agree not to post links to our Website or content on our Website in any way that would:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
- Be likely to deceive any person or entity.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person or entity.
- Impersonate any person or entity or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in such materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third party.
10. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
11. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website and as noted in Section 3 above, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
12. Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods and associated delivery services formed through the Website, or resulting from visits made by you, are governed by these Terms of Service.
By placing an order with us, you represent and warrant that you are legally capable of signing binding agreements. We reserve the right to refuse any orderyou place with us and/or reject any purchase at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We may also limit the sales of our products to any person, geographic region, or jurisdiction. Wealso reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.Certain products and/or services may be available exclusively online through the Website. These products and/or services may have limited quantities. Any offer for any product and/or service made on this site is void where prohibited.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue products (or any part thereof) without notice.We shall not be liable to you or to any thirdparty for any modification, price change, suspension, or discontinuance of a product.
We have made every effort to display as accurately as possible images andfeatures, including color, size, and texture, of our products that appear on the Website. However, please be aware that: (i) the colors of goods as shown on the Website may depend on your display settings, among other factors; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; and (iii) pictures and images on the Website are for illustration purposes only.
Additional terms and conditions may also apply to specific portions, products, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
13. Linking to and Posting Content on the Website
You may link to our Website and specific listings, and may have the ability to post content on the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link or post content in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
In addition to the preceding, you must not:
- Establish a link from any website or post content on the Website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, and any content you post on the Website must comply in all respects with the Content Standards.
You agree to cooperate with us in causing any unauthorized framing or linking to immediatelystop. We reserve the right to withdraw linking permission without notice.
Any, messages, billboard postings, ideas, suggestions, or other material which you submit to us (“User-Generated Content”) must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity. Upon your submission of any and all User-Generated Content, you grant us a non-exclusive, unrestricted, unconditional, unlimited, cost-free, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, sell, re-sell, modify, alter, publish, publicly display, publicly perform, record, post, translate, transmit, broadcast, disclose, distribute, make derivative works of, and otherwise use the User-Generated Content, such that we shall be and are entitled to use such User-Generated Content for any type of use and exploit in any manner whatsoever, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. You irrevocably waive and agree not to assert (and warrant that all individuals featured have waived and agreed not to assert) any moral rights in connection with the User-Generated Content. You expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Generated Content. By submitting any User-Generated Content to us, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parents or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or has contributed to any User-Generated Content you submit, and that as to User-Generated Content you hold all necessary right, title and license to such User-Generated Content and that your submission of such materials to the Website does not and will not violate or infringe the rights of any third-parties or cause any harm to any person, including but not limited to intellectual property or privacy rights.
You further agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, we do not assume any obligation of any kind to you or any third-party with respect to your User-Generated Content. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms of Serviceor any applicable additional terms. You acknowledge that the internet and mobile communications may be insecure and subject to breaches of security; accordingly, you acknowledge and agree that your User-Generated Content is submitted at your own risk.
We may disable all or any links or access to content you post on the Website at any time without notice in our discretion.
14. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including native and banner advertisements, sponsored links, and links to manufacturer websites. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Geographic Restrictions
The owner of the Website is based in the State of Utah in the United States. We provide this Website for use only by persons located in the United States, and use of online purchase and related features are for use only by persons within the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Medical Advice Disclaimer
The content of the Websiteis for informational and limited use purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.The Company does not provide any healthcare treatment services, consultation, or medical advice. If you experience any pain, symptoms, blurred vision, “seeing floaters” or other maladies of the eye, consult your physician immediately or call 911.
The content of the Website, including without limitation any content accessed, sent or made available for use or download through the Website (inclusive of any information transmitted by third parties and/or healthcare providers) does not constitute professional medical advice, diagnosis, or treatment by the Company of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. The Company does not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Website.
17. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particularrequirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE, COMPUTER PROGRAMS OR MOBILE DEVICE APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates and licensors, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service, your use of the Website, any use of the Website’s content, services, or products, other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
20. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be resolved exclusively in compliance with the terms of Section 21 below.
21. Arbitration
- Any dispute arising out of or relating to these Terms of Service or the validity, construction, interpretation or performance of these Terms of Service, which cannot be resolved by a cure period as may be applicable, will be submitted to binding and confidential arbitration. The Company and you (as used in this Section, the “parties”) therefore each waive your respective right to have their disputes resolved by a court of law and each waive their right to a trial by jury.
- TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. The parties agree that their arbitration proceeding regarding their claims cannot be consolidated with an arbitration proceeding between other parties, including that of the Company and another Company representative.
- AN AWARD IN ARBITRATION WILL DETERMINE THE RIGHTS AND OBLIGATIONS BETWEEN YOU AND THE COMPANY ONLY, AND ONLY WITH RESPECT TO THE CLAIMS IN SUCH ARBITRATION. AN ARBITRATION AWARD WILL NOT HAVE ANY BEARING ON THE RIGHTS AND OBLIGATIONS OF ANY OTHER PERSON OR ON THE RESOLUTION OF ANY OTHER DISPUTE OR HAVE PRECLUSIVE EFFECT AS TO ISSUES OR CLAIMS IN ANY OTHER DISPUTE.
- All matters submitted to arbitration will be governed by the Utah Uniform Arbitration Act, Utah Code §78B-11-101 et seq. In the event of any conflict between these Terms of Service and the Utah Uniform Arbitration Act, these Terms of Service will govern.
- Consistent with Utah Code § 78B-11-112, the matter will be arbitrated by one arbitrator, selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator, then a party may avail itself of the procedure in Utah Code § 78B-11-112. The arbitration will be conducted in person, with all counsel, representatives and witnesses appearing in person, and will be venued in Salt Lake City.
- The party filing the arbitration demand must attach a statement of its claim to the arbitration demand, including all documentary evidence it is relying on. Depositions will be permitted, but neither party may conduct more than 3 depositions each. The arbitrator will have the authority to issue subpoenas. The arbitrator will have the authority to award punitive damages, attorneys’ fees, costs and expenses.
- The decision of the arbitrator will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties will share equally the costs and fees of the arbitrator, but each party will pay its own witness fees and costs.
22. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
23. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
24. Force Majeure
We will not be responsible for any delay or failure to comply with these Terms of Service if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, pandemics, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.
25. Entire Agreement
These Terms of Service constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
26. Individuals with Disabilities
We are committed to ensuring the Website content is accessible to individuals with disabilities. To request Website content, including these Terms of Service, in an alternative format, please reach out to us at the contact information provided below.
27. Contact Information
This Website is operated by Optodex, Inc. To leave feedback, request technical support, request Website content in an alternative format, or provide any other communication related to these Terms of Service or the Website, please send us a message at [email protected].
Mobile Terms of Service
Last updated: Oct. 28, 2024
The Optodex mobile message service (the “Service”) is operated by Optodex (“Optodex”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Optodex’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Optodex through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Optodex. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18775193245 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Optodex mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18775193245 or email [email protected].
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.