LEGAL

Last Modified: May 18, 2016

GSRx, Inc. (“Company”) is committed to respecting and protecting the privacy and security of your personal information. Company provides this Privacy Policy (the “Privacy Policy”) to inform you of our policies and procedures regarding the collection, use and disclosure of personal information and non-personal information that we receive through this website (the “Site”).

Please read this Privacy Policy carefully. By using the Site, you consent to the collection and use of your personal information and non-personal information by Company as set forth in the Privacy Policy.

In its sole and absolute discretion, Company may amend the Privacy Policy at any time by posting the most recent version on the Site. It is each user’s responsibility to regularly check the Site for updates to the Privacy Policy, referring to the “Last Modified” date at the top of this document to verify any changes.

Personal Information We Collect

On the Site, you may be asked to provide us with your personal information. Personal information means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: contact data (such as your address, e-mail address and phone number); demographic data (such as your gender, your date of birth and your zip code); payment data (such as credit card, shipping and billing information); and other information that you voluntarily choose to provide to us, including, without limitation, your unique identifiers such as passwords, and information in emails or letters that you send to us.

If you are an eye care professional, such as an optometrist or ophthalmologist (“Provider”), or an individual who is authorized by a Provider to access and use the Site (“Designee”), we collect personal information about the Provider and Designee when the Provider registers to access and use the Site to review product lists and order products. The personal information about Providers and Designees that Company collects includes, without limitation, the Provider’s and Designee’s name, specialty, email address, phone number, and business postal address.

How We Use and Disclose Personal Information

Company may use personal information as follows:

To enable you to access and use the Site.
To contact you when you order products and to respond to your inquiries regarding products.
To process orders which have been placed, respond to inquiries, track orders placed with Company, or to supply you with information on products that you have requested.
To send you important information regarding the Company and our products, changes to terms, conditions, and policies and/or other administrative information.
As Company believes to be necessary or appropriate: (a) under applicable law, including laws outside your state or country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your state or country of residence; (d) to enforce terms and conditions; (e) to protect Company operations or those of any Company affiliates; (f) to protect Company rights, privacy, safety or property, and/or that of Company affiliates, you or others; and (g) to allow Company to pursue available remedies or limit the damages that we may sustain.

Company may disclose personal information as follows:

To Company third party service providers who provide services such as website hosting, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, backup, auditing services and other similar services.
To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Company business, assets or stock (including in connection with any bankruptcy or similar proceedings).
As Company believes to be necessary or appropriate: (a) under applicable law, including laws outside your state or country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your state or country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Security of Your Personal Information

Company takes reasonable precautions to ensure that personal information is kept private, and to reduce the risk of loss, misuse, unauthorized access, disclosure, or modification of your personal information. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Accordingly, Company cannot guarantee the security of your personal information. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below. Company assumes no liability for the loss of any personal information or any damage that may result from the loss of such information that you transmit to Company via the Site.

Non-Personal Information We Collect

By accessing and/or using the Site, you may provide us with non-personal information. Non-personal information is any information that does not reveal, on its own, your specific identity, such as: browser log data, aggregated information, and your IP addresses. While non-personal information may not necessarily identify you, if we have your personal information, we may link any non-personal information with your personal information in our records.

Company and our third party service providers may collect non-personal information in a variety of ways, including:

Browser Log Data: When you visit the Site, whether as a Provider, Designee or a non-registered user browsing the Site, our servers automatically record information that your browser sends whenever you visit a website (“Browser Log Data”). This Browser Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, operating system or the webpage you were visiting before you came to the Site, pages of the Site that you visit, the time spent on those pages, access times and dates, and other statistics. Browser Log Data may also include pixel tags, web beacons, clear GIFs or other similar technologies, which may be used in connection with some Site pages and HTML-formatted email messages to, among other things, track the actions of Site users and email recipients, and compile statistics about Site usage and response rates.
Cookies: The Site uses “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes.

Aggregated personal information: Aggregated personal information does not personally identify you or any other user.
IP Addresses: Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites.

How We Use and Disclose Non-Personal Information

Because non-personal Information does not personally identify you, Company may use and disclose non-personal information for any purpose whatsoever, including as described below. However, in some instances, Company may combine non-personal information with personal information (such as combining your name with your geographical location). If we combine any non-personal information with personal information, the combined information will be treated by us as personal information as long as it is combined.

Browser Log Data: Company uses Browser Log Data to monitor and analyze use of the Site and for the Site’s technical administration, to increase the Site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. For example, we use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Browser Log Data as personal information or use it in association with other personal information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Cookies: Company utilizes persistent cookies to save your login information for future logins to the Site. We also utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions or functionalities of the Site.
Aggregated personal information: Company may use aggregated personal information to provide you with a better experience, to improve the quality and value of our products, and to analyze and understand how the Site is used.

IP Addresses: Company use IP Addresses for purposes such as calculating usage levels, helping diagnose server problems, and administering the Site. We may also use and disclose IP Addresses for all the purposes for which we use and disclose personal information. Please note that we treat IP Addresses, server log files and related information as non-personal information, except where we are required to do otherwise under applicable law.

“Do Not Track” Practices

At this time, Company does not honor do-not-track signals from browsers or other consumer choice mechanisms regarding the collection of behavioral tracking data. While we collect personal information from you as described above, we do not collect personal information from you to monitor your online activities across third party websites or online services and over time (also known as behavioral advertising or interest-based advertising). We do not use or allow third parties to collect personal information from you on the Site in order to monitor your online activities across third party websites or online services and over time.

Third-Party Links on the Site

This PRIVACY Policy only applies to this Site. The Site may provide links to other websites but when you click on any of these links you will be redirected from the Site to another third-party website. Be advised that we do not exercise control over these third-party websites that may be displayed as links on our Site and we are not responsible for such websites. These third-party websites may solicit information from you, place their own cookies or other files on your computer, or collect other forms of data from you. You should carefully review the privacy statements of any third-party websites you visit, because those privacy statements will apply to your visit to such other websites.

Children’s Privacy Protection

Company takes special care to protect the privacy needs of children under the age of 13 and Company does not seek to collect information about children under the age of 13. No information should be submitted to or posted on this site by users under 13 years of age. If a child under the age of 13 submits personal information to the Site, we delete the information as soon as we discover the source of the submission and do not use it for any other purpose. Company encourages parents to take an active role in their children’s use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.

California Disclosures

If you are a California resident and have an established business relationship with us, you can request a notice disclosing the categories of personal information we have shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year. To request a notice, please submit your request to info@gs-rx.com.

Removal or Correction of Your Personal Information

If you would like to review, correct, update, delete or otherwise limit our use of your Personal Information that has been previously provided to us, you may contact us in accordance with the “Contact Us” section below.

Company will try to comply with your request as soon as reasonably practicable. Please note that in order to comply with certain requests to limit use of your personal information we may need to terminate your account with us and your ability to access and use the Site, and you agree that we will not be liable to you for such termination or for any refunds of prepaid fees paid by you. Although we will use reasonable efforts to do so, you understand that it may not be technologically possible to remove from our systems every record of your personal information. The need to back up our systems to protect information from inadvertent loss means a copy of your personal information may exist in a non-erasable form that will be difficult or impossible for us to locate or remove.

Notice to Non-US Users

As the Internet is a global environment, collecting and processing personal information may involve the transmission of this data internationally, including into and/or outside of the United States. Therefore, by communicating electronically with us you acknowledge and agree to your personal data being processed in this way.

Specifically, if you are located outside of the United States, please be aware that by using the Site your personal information may be transferred to the United States, the privacy laws of which may be deemed by your country to have inadequate data protection. If you are located outside of the United States and voluntarily submit personal information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States. Nevertheless, the Site is intended for users only within the United States.

If you have any questions or comments about the Site, Company, or the Privacy Policy, please contact us via the contact page.

Welcome to www.properoptics.com (the “Site”). GSRx, Inc. (“Company” or “we”), which does business as Proper Optics, operates the Site and provides website features and other products and services to you when you visit or shop at the Site (collectively, the “Services”). Company provides the Services subject to the terms and conditions in these Terms of Use (the “Terms of Use”).

These Terms of Use are a Binding Agreement. Please read carefully.

If you access and use the Services, you accept these Terms of Use. In these Terms of Use, access and/or use of the Services or similar language means your accessing, visiting or browsing the Site, sending or receiving email or other electronic communications to or from the Company, and other similar events or services offered in connection with the Services.

Please read these Terms of Use carefully. Company is permitting you to use the Services subject to your agreement to be bound by these Terms of Use as well as our Privacy Policy (available here) and any other written agreement between the parties concerning the Site or the Services. If you do not agree to be bound by these Terms of Use, do not use or access the Services.

Similarly, if accessing certain portions of the Services, you may also have additional terms and conditions you must agree to before you can have access to those products, materials, content and information (the “Service Terms”). If these Terms of Use are inconsistent with the Service Terms, the Services Terms will control.

We Reserve the Right to Make Changes to Terms of Use.

In its sole and absolute discretion, Company may amend or replace these Terms of Use at any time by posting the most recent version on the Site. You are responsible for reviewing these Terms of Use upon each visit to the Site. You can determine if the Terms of Use have been revised since your last visit by referring to the “Last Modified” date at the top of this document.

Restrictions on Use.

All pages and content within the Services and any material made available for download are the property of Company and/or its affiliates, licensees or sponsors (and the term “Site” includes all such pages, content and material). The Services are protected by United States and international copyright and trademark laws. Company grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with the Services. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Services or any materials. The Services are for your own personal use only. Except as expressly provided for herein, or otherwise provided for in writing by Company, no portion of the Services may be copied, downloaded, displayed, reproduced, modified, edited or created as derivative works, distributed, altered, enhanced or published in any manner. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

You further agree not to use the Services:

To send, knowingly receive, upload, download, use or re-use any material which violates these Terms of Use;
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability; or
In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.

Access to and use of password-protected and/or restricted areas of the Services is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Services may be subject to civil liability or criminal prosecution under applicable laws.

You represent and warrant that your use of the Services does not violate any applicable laws of the jurisdiction in which you reside or from which you use or otherwise access the Services; that all information you provide to us is correct; and your use of the Services shall be in accordance with these Terms of Use and all applicable laws. Any rights not expressly granted by the Terms of Use or any Service Terms are reserved by Company.

Trademark and Copyright Notice.

You acknowledge that all content and materials available through the Services are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Company or its licensors. Unless otherwise indicated, all logos, names and marks (including without limitation GSRx®, epik™, Infinity® , ND4™) on the Site or used in the Services are trademarks or service marks owned by or used under license by Company. Other than nominative uses, the use or misuse of any of such content, materials, trademarks and services marks is strictly prohibited.

The Services, including, but not limited to text and pictorial and graphic works, are copyrighted materials owned or controlled by Company. You may download and print copies of these materials for your use in learning about and evaluating Company’s products. No other permission is granted to you to download, upload, reproduce, modify, distribute, or publish these materials in any form. No permission is granted to you to hyperlink with the Site without prior authorization.

Description and Availability of Products.

The Services feature products (such as eyeglass frames and lenses) available for purchase and the Site serves as an advertisement for those products. We have sought to display the dimensions and colors of our products on the Site as accurately as possible, although we cannot guarantee that these descriptions will match the products exactly. Accordingly, Company does not make any warranty or representation that the product’s dimensions or colors as shown will be accurate or that every product mentioned or advertised through the Services will be available for purchase at any given time. Further, Company reserves the right to cease production of certain products or add additional products without modifying any information available through the Services. Any prices posted through the Services while believed to be up-to-date and accurate, are also subject to change without notice and the actual selling price may be more or less than noted through the Services.

Personal Information.

Company will not use or transfer your personal information to third parties, except for the limited purposes as set forth in our Privacy Policy. For example, Company may use your personal information to enable you to access and use the Services. You hereby consent and authorize Company to use and disclose your personal information as permitted under these Terms of Services, including the Privacy Policy. You acknowledge that when you consent to the transfer of the information to permitted third parties, Company has no control over how those third parties use and disclose such information.

Links to Third Party Sites.

The Services may contain links to other websites operated by third parties. Company makes no representations or warranties whatsoever about any third-party website which you may choose to access through the Services. The linked websites are not under our control, and Company is not responsible for the contents of any linked website or subsequent links from that website. Links provided by Company to such websites are provided solely for your convenience. Company’s inclusion of third party links or material through the Services shall not be construed as Company’s endorsement of any third party or the third-party material, and no rights or licenses are granted to you for the third-party material. You agree to defend and hold Company harmless from any and all liability that may result from your use of the third party material.

Warranty Disclaimer.

EXCEPT FOR ANY WRITTEN MANUFACTURER’S PRODUCT WARRANTY PROVIDED WITH ANY EYEGLASSES OR OTHER PRODUCTS PURCHASED THROUGH THE SERVICES, ALL PRODUCTS, MATERIALS, SERVICES, AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR OTHERWISE. COMPANY MAKES NO WARRANTY THAT THE PRODUCTS, MATERIALS, SERVICES, AND OTHER INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE MATERIALS AND OTHER INFORMATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR RECOMMENDATIONS ON THE SERVICES.

Limitation of Liability.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSEES, REPRESENTATIVES, AND AGENTS HAVE ANY LIABILITY OF ANY KIND WHATSOEVER (WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY) AND WILL NOT BE RESPONSIBLE FOR DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER TYPES OF DAMAGES) TO YOU WITH RESPECT TO (I) THE USE OF, OR INABILITY TO USE, THE SERVICES, (II) YOUR USE OF ANY THIRD-PARTY WEBSITE HYPERLINKED TO OR FROM THE SERVICES, AND (III) THE MATERIALS AND FUNCTIONS OF THE SERVICES OR ANY LINKED WEBSITE.

Indemnification.

You agree to indemnify, defend, and hold Company and its affiliates, and their respective officers, directors, employees, licensees, representatives, and agents harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) made by any third party that constitute, or arise out of or in connection with (i) your use or misuse of the Services or the content therein, (ii) your use of any third party site hyperlinked to or from the Services, (iii) content, materials or information you provide to Company, (iv) your breach of these Terms of Use, (v) your violation of any law, or (vi) your violation the rights of any third party (including, without limitation, any intellectual property rights).

Choice of Law.

These Terms of Use are entered into in the State of Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to choice or conflict of laws rules.

Disputes.

In the event of any dispute regarding or relating to these Terms of Use, each party hereto submits to the exclusive jurisdiction of the state and federal courts located in Maricopa County in the State of Arizona, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Nothing herein will affect the right of any party to serve legal process in any other manner permitted by law. If any legal action or other proceeding is brought in connection with this Terms of Use, the prevailing party will be entitled to recover reasonable attorneys’ fees, accounting fees, and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE.

International Use.

By choosing to access the Site or otherwise use the Services from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Company makes no representation that materials or other information on the Site or available through the Services are appropriate or available for use in locations outside the United States and may require a valid export license issued by the United States government for export of these materials from the United States. You may not use, export or re-export the material or other information available through the Services in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Services. Notwithstanding anything to the contrary, Company makes no representation that the Services is appropriate or available for use in other jurisdictions. If you choose to access the Services from such a jurisdiction, you do so at your own risk.

Miscellaneous.

These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter hereof. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. In Company’s sole discretion, Company may assign these Terms of Use. Company’s failure to act with respect to a breach by you or others does not waive Company’s right to act with respect to subsequent or similar breaches. Company does not guarantee that it will take action against all breaches of these Terms of Use.

Unauthorized Use and Termination.

You agree to use the Services only for authorized and legal activities. Company reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without notice and for any reason whatsoever. You are solely responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms of Use.

At the termination of these Terms of Service with you, we will return or destroy, if feasible, all of your personal information. If such return or destruction is not feasible (due to record keeping obligations under applicable law, for example), we will continue to abide by these Terms of Use, including the Privacy Policy, with respect to such information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.

Contact Us.

If you have any questions or comments about the Services, Company, or the Terms of Use, please contact us via the contact page.

ONE-YEAR LIMITED FRAME WARRANTY

What is Covered

GSRx, Inc. d/b/a Proper Optics (“Proper Optics”) warrants the Proper Optics eyewear products purchased in the United States against defects in factory-supplied materials and/or factory workmanship, subject to the limitations set forth in this Limited Warranty.

This limited warranty extends only to the original consumer purchaser (after this, “you” or “your”) and can’t be assigned or transferred to anyone else.

What is Not Covered

This limited warranty doesn’t cover any problem caused by (i) commercial use, (ii) normal wear and tear, (iii) misuse, accident (including but not limited to collision, fire, and spilled food or liquid), neglect, theft, abuse, alteration, unusual stress, modification, improper or unauthorized repair, or improper storage, or (iv) any eye exams or other medical expenses associated or resulting from the defect or in obtaining replacement eyewear. This limited warranty is void if a product is returned with removed, damaged or tampered labels or any alterations. PROPER OPTICS DOES NOT WARRANT AGAINST ANY SCRATCHED, FRACTURED, OR SHATTERED LENSES. Also, consequential, indirect, and incidental damages are not recoverable under this warranty, including, but not limited to, any delay in rendering service under this limited warranty or loss of use during the period that the Proper Optics eyewear product is being repaired or otherwise awaiting parts.

Warranty Period

The warranty period is one (1) year from the documented date the original consumer purchaser purchased the Proper Optics eyewear product.

Additional frame and lens warranty options may be available through and at the discretion of your eye care provider.