TERMS OF SERVICE
Last Update: September 20, 2018
This website is operated by PlenOptika, Inc. (“PlenOptika”). The terms “we”, “us” and “our” also refer to PlenOptika. These terms of service (“Terms”) govern your use of the website and our online store, (collectively, the “Website”). We provide the Website to you conditioned upon your acceptance of the Terms. Any new features or tools which may be added to the Website from time to time are also subject to these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. You must accept these Terms (including any additional terms and policies referenced here and/or available by hyperlink) in order to use the Website. These Terms apply to all users of the Website. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.
Additional terms might apply to some Website features. All such terms are in addition to (and do not replace) these Terms. Please be sure to read any such additional terms carefully. and in the event of a conflict, the additional terms will control over these Terms. Resolutions are decided by us in our sole discretion, and all our determinations are final.
We reserve the right, in our sole discretion, to update, modify, change or replace any portion of these Terms at any time by posting updates and/or changes to the Website. You should review the most current version of the Terms periodically on the Website (it is your responsibility to check for changes). If we update the Terms, we will include a notice that the terms have been updated on our Website. Your continued use of the Website following the posting of any changes signifies that you accept the changes. If you do not agree to the changes, you should discontinue your use of the Website.
SITE USE, CONTENT & OWNERSHIP
The Website, and the products and services offered on the Website are available to users who are over the age of 13. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Subject to your compliance with these Terms, you are granted a limited, revocable, non-exclusive, non-transferable, non-sub licensable license to access and use the Website for personal use only. Our Website and the content available on our Website (“Content”) are protected by various intellectual property laws which may include patent, copyright, trade secret, trademark, and trade names protection. You agree to respect all copyright and other legal notices, information, and restrictions on the Website and contained in any Content accessed through the Website. You agree not to (or permit a third party to) change, translate, reverse engineer, create derivative works, reproduce, duplicate, transfer, mirror or frame, copy, sell, resell, lease or otherwise exploit the Website, Content, or any portion thereof, without express written permission by us. Other than as expressly set forth in these Terms, no licenses or rights are granted to you by implication, estoppel, or otherwise. You acknowledge that your unauthorized use of the Website or Content is prohibited, may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability.
We reserve the right, in our sole discretion, to update, modify, change or replace any portion of Website or Content, at any time, without advance notice or liability.
ACCEPTABLE USE & RESTRICTIONS
You may not use the Website or Content for any illegal, unlawful or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts. In the using the Website, you warrant that you will not violate any international, federal, state or local laws, rules, regulations or ordinances. You must not upload or transmit any worms, viruses, bots, Trojans, back doors, or any malicious or destructive code of any kind, or any code that will affect the functionality or accessibility of the Website. You will not use the Website or Content to harass, abuse, bully, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or disease, or to attempt to do harm to any individuals. You will not use the Website or Content to (a) submit false or misleading information (such as using a false e-mail address or pretending to be someone other than yourself); (b) collect or track the personal information of others; (c) spam, phish, pharm, pretext, spider, crawl, or scrape; (d) to interfere with or circumvent the security features of the Website. You will not frame or utilize framing techniques to enclose any Content (including images, text, or page layout). You will not use the Website or Content in connection with any (i) activity that is fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person; (ii) activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law; or (iii) any other activity that we may deem in our sole discretion to be unacceptable. You will not use the Content in such a manner that suggests an unauthorized association with us. A breach or violation of any Terms may result in an immediate suspension or termination of your ability to access the Website and Content. We may immediately suspend or terminate the general availability of the Website and Content in whole or in part, for any reason, in our sole discretion, without advance notice or liability.
Certain aspects of our Website may require you to register with, and agree to the terms of, third party service providers in order to utilize such Website. For example, Shopify provides our payment services (among other things). Shopify Pay Services and other services provided by Shopify are subject to Shopify’s terms and conditions, and you agree to comply with the terms and conditions set forth at https://www.shopify.com/legal/terms and https://pay.shopify.com/en/tos-privacy-policy#terms-of-service. Please review these terms and conditions, and please note that PlenOptika is not a party to these terms and conditions.
We may also provide links or other access to other third party service providers as a convenience to you. Any use by you of the services of any third party service providers is at your sole risk. We have no liability whatsoever arising from or relating to your use of any such third party services, and we make no representations or warranties with respect to such third party services. Please be sure to read any terms and policies that may apply to the third party services.
CREDIT CARD PAYMENTS VIA THE WEBSITE
If you place an order via our online store, we will ask you for your name, phone number, e-mail address, shipping and billing address, and other information so we can fulfill your order. Please note that we use a third party payment service provider, and by providing this information to us, you are simultaneously providing the same information to our provider.
You understand that payment processing and storage of your credit card information are handled by Shopify, Inc. via Shopify Pay Services. Shopify, Inc. in turn uses Stripe, Inc. to process payments. All of the information that is provided to Shopify is also provided to Stripe. Shopify/Stripe will collect your credit card information and charge your credit card for the order, as further detailed below.
By using your credit card to make a payment on this website, you agree to comply with the terms and conditions set forth at https://www.shopify.com/legal/terms and https://pay.shopify.com/en/tos-privacy-policy#terms-of-service. Please review these terms and conditions, and please note that PlenOptika is not a party to these terms and conditions.
For more information about Shopify’s privacy practices, you should review https://www.shopify.com/legal/privacy and for more information about Stripe’s privacy practices, you should review https://stripe.com/us/privacy. Reviewing these policies will help you understand how these entities collect, use and safeguard the information you provide as part of a credit card transaction on our Website.
You agree to provide current, complete and accurate credit card and account information for all purchases made on our Website. You agree to make all payments for any order placed by you.
Neither Shopify nor Stripe is a bank or a money services business (“MSB”) nor do they offer banking or MSB services as defined by the United States Department of Treasury.
Shopify/Stripe may add or remove one or more types of cards as a supported payment card any time without prior notice to you, including, without limitation, any international credit cards. If you are paying for your order with a credit card issued outside of the United States, and such credit card is accepted by Shopify/Stripe, your purchase price may change with the exchange rate, and you may be charged a conversion fee by your bank or credit card. Please contact your back or credit card company for more information regarding their specific policies for international purchases.
PlenoOptika, Shopify and Stripe maintain commercially reasonable administrative, technical and physical procedures to protect all the personal information regarding that is stored in their servers from unauthorized access and accidental loss or modification. However, PlenOptika, Shopify, and Stripe cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information regarding at your own risk.
Some or all of the payment services may be provided from systems located within the United States or countries outside of the United States. As such, your cardholder data may be transferred, processed and stored outside of the United States and may be subject to disclosure as required by applicable law.
If you send us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction fully exploit in any medium any comments that you provide to us. Comments are not confidential. We are and shall be under no obligation (1) to pay compensation for any comments; or (2) to respond to any comments.
PRODUCT INFORMATION & DISCLAIMERS
All products should be used strictly in accordance with their instructions, precautions and guidelines. Our products are not intended to provide a diagnosis, a prescription, or otherwise analyze the medical data. Any such diagnosis and evaluation should be performed by licensed medical professionals. Use of the Website and the product is not meant to serve as a substitute for professional medical advice. Our products do not alert patients to potentially serious medical conditions. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Please contact your doctor regarding any medical data collected by or otherwise received from the products.
SOCIAL MEDIA & LINKING
The Website may provide certain social media features. You may use these features solely as they are provided by us and solely with respect to the Content with which they are displayed. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website and to use the social media features so long as: (a) the links only incorporate text, and do not use any of our trademarks; (b) the links and the content on your website and social media do not suggest any affiliation with PlenOptika or cause any other confusion; and (c) the links and the content on your website or social media do not portray PlenOptika or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party. You must not establish a link to this Website from any website or social media account that is not owned by you, or for which you lack proper legal authority to establish a link. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. We reserve the right to suspend or prohibit linking to the Website for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party. We may disable all or any social media features and any links at any time without notice in our sole discretion.
YOUR ACCESS AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSABLE BY LAW, WE AND OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, VENDORS, LICENSORS, SUCCESSORS AND ASSIGNS HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, AS TO (I) THE WEBSITE, (II) THE CONTENT, OR (III) FUNCTIONS, FEATURES OR OTHER ELEMENTS MADE AVAILABLE THROUGH THE WEBSITE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE ACCURATE, COMPLETE, OR RELIABLE. WE DO NOT WARRANT THAT THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
LIMITATION OF LIABILITY
IN NO CASE SHALL PLENOPTIKA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DEATH, PERSONAL INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING FROM (A) YOUR USE OF THE WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR IN THE SITE’S TECHNICAL OPERATION, OR (B) ANY DAMAGE TO ANY COMPUTER, HARDWARE, SOFTWARE OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, FRAUD, ERROR, OMISSION, INTERUPTION, DEFECT, OR TECHNICAL MALFUNCTION; IN ANY CASE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF THE WEBSITE EXCEED FIVE HUNDRED DOLLARS (US$500.00).
You agree to release, defend, indemnify, and hold PlenOptika and its affiliates and their officers, employees, directors, agents, partners, contractors, licensors, service providers, and subcontractors harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Website, any Content, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable law. If you are a California resident, you waive California Civil Code Section 1542, and if you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
These Terms are effective until terminated. You may terminate these Terms at any time by stopping your use of our Website. If you violate these Terms, we may terminate these Terms and/or suspend or terminate your use of the Website immediately without notice and without liability to you or any third party. Provisions which by their nature should survive termination of this Agreement shall survive any such termination.
WAIVER OF INJUNCTIVE OR EQUITABLE RELIEF
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE WEBSITE OR CONTENT.
Please be aware that if you access the Website via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, may apply.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of laws provisions. The parties agree that the Convention on Contracts for the International Sale of Goods does not apply.
Except as otherwise stated herein, these Terms constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). The failure of PlenOptika to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
COOPERATION WITH AUTHORITIES
We will cooperate with law enforcement authorities as required by law and in any investigation of alleged illegal activity regarding the use of the Website. YOU WAIVE AND US HOLD HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. All subpoenas must be properly served on us, preferably by mailing to the address below. We do not accept service via email or fax.
PlenOptika, Inc. / ATTN: Shivang Dave
955 Massachusetts Ave
Cambridge, MA 02139
Under California Civil Code Section 1789.3, residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
Questions about these Terms should be sent to:
Phone: 617 862 2203