Terms and Conditions For RetinaClear
General
This website (the "Site") is owned and operated by RetinaClear (“COMPANY” "we" or "us"). By using the Site, you
agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our
Privacy Policy, our Shipping Policy, our Return Policy and any additional terms and conditions that may apply to
specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing
the Site, in any manner, whether automated or otherwise, varitutes use of the Site and your agreement to be
bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time
to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site
after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or
our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials
available on the Site in a manner that varitutes an infringement of our rights or that has not been authorized
by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the
materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create
derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means)
any material from the Site. You may, however, from time to time, download and/or print one copy of individual
pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other
proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog
entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to
any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material,
or are making your posting or submission with the express consent of the owner of the material; and (ii) that
you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any
material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative
works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or
medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to
exploit any proprietary rights in such posting or submission, including, but not limited to, rights under
copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the
exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of
any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made
for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101
of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY
from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the
right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised,
throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the
results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of
the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and
transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks
throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material
and any and all right, title and interest in and to all such proprietary rights in every medium, whether now
known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions
of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or
contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any
portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not
state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior
written permission, frame or inline link any of the content of the Site, or incorporate into another website or
other service any of our material, content or intellectual property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our
linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the
information, products or services offered on or through the sites. In addition, neither we nor affiliates
operate or control in any respect any information, products or services that third parties may provide on or
through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or
made available by third parties, including information providers, are those of the respective authors or
distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible
for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other
than an authorized COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT
THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR
MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY
OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors,
transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates,
officers, directors, shareholders and employees of each from and against any and all claims, causes of action,
damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your
breach of any obligation, warranty, representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that
are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any
other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site
linked to by the Site, the information obtained during your visit to that merchant's online store or site, and
the information that you give as part of the transaction, such as your credit card number and contact
information, may be collected by both the merchant and us. A merchant may have privacy and data collection
practices that are different from ours. We have no responsibility or liability for these independent policies.
In addition, when you purchase products or services on or through the Site, you may be subject to additional
terms and conditions that specifically apply to your purchase or use of such products or services. For more
information regarding a merchant, its online store, its privacy policies, and/or any additional terms and
conditions that may apply, visit that merchant's website and click on its information links or contact the
merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert
any claims against us or them, arising from your purchase or use of any products or services made available by
third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site,
regarding payment and delivery of specific goods and services, and any other terms, conditions, representations
or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY
shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of
such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through
the Site. You agree to use the Site and to purchase services or products through the Site for legitimate,
non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent
purposes or for the purpose of anticipating demand for a particular product or service. You agree to only
purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When
making a purchase for a third party that requires you to submit the third party's personal information to us or
a merchant, you represent that you have obtained the express consent of such third party to provide such third
party's personal information.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services,
which allow feedback to us and real-time interaction between users, and other features which allow users to
communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other
public posting areas on the Site, or sent via any email services on the Site, lies with each user - you alone
are responsible for the material you post or send. We do not control the messages, information or files that you
or others may provide through the Site. It is a condition of your use of the Site that you do not:
COMPANY may host message boards, chats and other private/public forums on its Sites and on other platforms. Any
user failing to comply with the terms and conditions of this Agreement may be expelled from and refused
continued access to, the message boards, groups, chats or other such forums in the future. COMPANY or its
designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats
and other public forums are intended to serve as discussion centers for users and subscribers. Information and
content posted within these public forums may be provided by COMPANY staff, COMPANY's outside contributors, or
by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims
all responsibility and endorsement and makes no representation as to the validity of any opinion, advice,
information or statement made or displayed in these forums by third parties, nor are we responsible for any
errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will
we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information
obtained through these forums. The opinions expressed in these forums are solely the opinions of the
participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms
or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to
monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or
remove any postings or content, in whole or in part, for any reason and to disclose such materials and the
circumstances surrounding their transmission to any third party in order to satisfy any applicable law,
regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and
visitors.
Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your
gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of
the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the
form provided and such registration may require you to provide personally identifiable information such as your
name and email address. You agree to provide true, accurate, current and complete information about yourself as
prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is
untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof). Our use of any personally identifiable information
you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the
Site's registration process. You are responsible for maintaining the confidentiality of the password and
account, and are responsible for all activities (whether by you or by others) that occur under your password or
account. You agree to notify us immediately of any unauthorized use of your password or account or any other
breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will
not be liable for any loss or damage arising from your failure to protect your password or account information.
Mobile Message Service
The RetinaClear mobile message service (the "Service") is operated by RetinaClear (“RetinaClear ”, “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. 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.
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 and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to
receive autodialed marketing text messages is not required as a condition of purchasing any goods or services.
If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other
marketing offers from RetinaClear via text messages through your wireless provider to the mobile number you
provided. Message frequency is recurring. Text the single keyword command STOP, CANCEL or UNSUBSCRIBE to cancel
at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other
RetinaClear mobile message programs and wish to cancel, you will need to opt out separately from those programs
by following the instructions provided in their respective mobile terms. We may change any short code or telephone number we use to operate the Service
at any time. You acknowledge that any messages, including any HELP, STOP, CANCEL or UNSUBSCRIBE 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 change your mobile phone number, you agree to opt out of the
Service prior to changing your mobile number. You agree to indemnify, defend, and hold us harmless from any
third-party claims, liability, damages or costs arising from your use of the Service or from you providing us
with a phone number that is not your own.
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.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES
OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS,
EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE
OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE
NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE,
ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO
ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES
ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL
ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS
CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL
OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE.
THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE
TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF
MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH
CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the
event of cancellation or termination, you are no longer authorized to access the part of the Site affected by
such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the
Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Refund Policy
In order to obtain your full refund, contact Just send us the bottles, even if they're empty and get a complete refund, no questions asked. You have 60 days from the date of
purchase to make a request for a full refund. Your refund will be credited back to your bank account, and may
take up to 3-5 business days to show in your statement, depending on the speed of the processing bank.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe
that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in
good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a
notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner
or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be
considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or
circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of
copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a
counter-notice.
Assignment
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors,
heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the
prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement
may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.
Dispute Resolution
These Terms of Use shall be governed by and varrued in accordance with the laws of the State of Barbados and any
dispute shall be subject to binding arbitration in St. Michael, Barbados. If any provision of this agreement
shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a
class member in a class, consolidated, or representative action. Class arbitrations, class actions, private
attorney general actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of
a class or representative proceeding or claims (such as a class action, consolidated action or private attorney
general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Severability
If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be
illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these
Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal
or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
Anti-Spam Policy
Anti-Spam Policy In the context of electronic messaging, spam refers to unsolicited, bulk, or indiscriminate
messages typically sent for a commercial purpose. We provide a facility that enables users to send email
messages / private messages to others. Users must not use this facility to send unsolicited, bulk, or
indiscriminate messages, whether or not for commercial purposes. Receipt of unwanted messages from our company:
In the unlikely event that you receive any message from us or sent using our systems that may be considered to
be spam, please contact us by using the details below and the matter will be investigated.