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Effective URL: https://www.helloabby.com/terms-and-conditions
Submission: On February 13 via api from US — Scanned from DE
Effective URL: https://www.helloabby.com/terms-and-conditions
Submission: On February 13 via api from US — Scanned from DE
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EmailPasswordForgot password? TERMS OF USE All content of this Internet site is owned or controlled by ABB/Con-Cise Optical Group LLC (referred to as "ABB", "we", "us" or "our"), and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes but no modification or future reproduction of the content is permitted. The content may otherwise not be copied or used in any way. The owners of this site will use reasonable efforts to include up-to-date and accurate information in this Internet site, but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information provided. The owners of this site shall not be liable for any damages or injury resulting from your access to, or inability to access, this Internet site or from your reliance on any information provided at this Internet site and your use or access to this Internet site is solely at your own risk. This Internet site may provide links or references to other sites but the owners of this site have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Internet site. The trademarks, service marks, trade names, trade dress and products featured in this Internet site are protected in the United States and internationally. No use of any of these may be made without the prior written authorization of the owners of this site, except to identify the products or services of the company. The following are service marks: ABBYSM and Eye Care for YouSM. Any personally identifiable information in electronic communications to this Internet site is governed by this site's Privacy Policy. The owners of this site shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services. The sender of any communications to this Internet site or otherwise to the owners of this site shall be responsible for the content and information contained therein, including its truthfulness and accuracy. You are responsible for obtaining any authorizations and consents from your patients that may be required by applicable law in order for your patients to use this site or for ABB to communicate to your patients including, without limitation, authorizations or consents to send SMS text, email, or IVR phone messages on your behalf and/or regarding their contact lens orders, including without limitation, the following laws: (i) The Health Insurance Portability and Accountability Act and its implementing regulations (collectively, “HIPAA”); (ii) applicable state laws governing data privacy or breaches; (iii) the Telephone Consumer Protection Act of 1991 and its implementing guidance (“TCPA”) and other state and federal telemarketing laws; and (iv) the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 and its implementing guidance (“CAN-SPAM”). ABB may suspend communications to your patients if you fail to obtain any such required authorizations or consents from patients. CONTACT INFORMATION ABB OPTICAL GROUP welcomes your comments regarding this Terms of Use. If you believe that ABB OPTICAL GROUP has not adhered to this Statement, please contact us at eSolutions@abbconcise.com. We will use commercially reasonable efforts to promptly determine and remedy the problem. DMCA NOTICE Since we respect the rights of other persons, it is ABB's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via this Internet Site or any ABB service, please notify ABB's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: * 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; * 2. Identification of the copyrighted work that you claim has been infringed; * 3. Identification of the material that is claimed to be infringing and where it is located on the Service; * 4. Information reasonably sufficient to permit ABB to contact you, such as your address, telephone number, and, e-mail address; * 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and * 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. * The above information must be submitted to the following DMCA Agent: * Attn: DMCA Notice * ABB/Con-Cise Optical Group LLC * Address: 12301 NW 39th Street * Coral Springs, FL 33065 * Email: eSolutions@abbconcise.com UNDER FEDERAL LAW OR LOCAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. Please note that this procedure is exclusively for notifying ABB and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with ABB's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, ABB has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. ABB may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you think your copyright is being infringed, follow these steps, and we'll do something about it. TERMS OF SALE This Terms of Sale sets forth the terms and conditions which will apply to you when you use the ABB Service to purchase any ABB products. This Terms of Sale is part of the Website Terms of Use, Privacy Policy and the Terms of Service, including all future amendments or modifications made to any of these agreements (collectively, the "Other Agreements"). Any terms not otherwise defined in this Terms of Sale will have the same meaning as defined in the Other Agreements. By purchasing any products using the Service, you agree to be bound by this Terms of Sale and the Other Agreements. 1. Warnings and Disclaimers (a) THESE TERMS OF SALE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO PURCHASES YOU MAKE FROM US THROUGH THE SERVICE. PLEASE READ THEM CAREFULLY. (b) THE AGREEMENT REQUIRES YOU TO WAIVE JURY TRIALS WHEN RESOLVING DISPUTES. (c) BY PLACING AN ORDER FOR PRODUCTS USING THE SERVICE, YOU ACCEPT AND ARE BOUND BY THESE TERMS. (d) YOU MAY NOT ORDER OR OBTAIN PRODUCTS USING THIS SERVICE IF YOU (A) DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, (B) ARE NOT (i) AT LEAST 18 YEARS OF AGE OR (ii) OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ABB, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SERVICE OR ANY OF ITS CONTENT, GOODS OR SERVICES BY APPLICABLE LAW. (e) These Terms of Sale apply to the purchase and sale of any Products using the Service. ABB may update or modify these terms without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be made available for registered Users, and you should review them before purchasing any Products using the Service. Your continued use of the Service after a posted change in these Terms of Sale will constitute your acceptance of and agreement to such changes. Notwithstanding anything herein to the contrary, if a written contract signed by Account Holder and ABB exists covering the sale and purchase of Products (a "Written Agreement"), the terms and conditions of such Written Agreement shall prevail to the extent those terms are inconsistent with these Terms. 2. Defined Terms In addition to terms already defined, the following terms have the following meanings when used in these Terms of Sale or the Other Agreements: "ABB Account" means the User's ABB Account (as defined under the Terms of Service) that sets forth (a) all debits issued for Products ordered by or for the account of the User and all other items for which the User is required to pay, and (b) all credits for Product returned in accordance with these Terms of Sale, rebates, discounts and other credits of which the User is entitled. "Account Holder", "you", "your" means the person or entity primarily responsible for the payment of the ABB Account that will be debited for an Order placed through the Site, which shall be determined by the Log-In Information used to place such Order. "Log-In Information" means the unique username and passwords used by the User to access and use the Service and place Orders for Products. "Manufacturer" means the manufacturer of a Product(s) and, if applicable, the seller of that Product(s) to ABB if the seller of that Product is not the manufacturer of that Product. "Nonconforming Products" means only the following: (i) the Product shipped is different from the Product identified in the User's Order; or (ii) the Product's label or packaging incorrectly identifies its contents. "Order" means an order for Products placed via the Service in accordance with the process below. "Products" means the various contact lens products offered by ABB from time to time via its Service. ABB may change Products offered at any time. "Shipping Location" means one of ABB's distributions centers or the distribution center of any Manufacturer, from which Products will be shipped to the User or to the User's Order destination. "Territory" means the continental United States and the States of Hawaii and Alaska. 3. Order Acceptance and Cancellation (a) Your Order is an offer to buy the designated Product(s) under these Terms of Sale. Each Order to be valid must be accepted by us. Acceptance of your Order and the formation of the contract of sale between ABB and you will not take place until the Order has been submitted to ABB at the end of the check-out process. However, we are not obligated to accept an Order or sell Products under an Order to you. (b) You can cancel your Order at any time before it has been released for fulfillment by our distribution centers by calling our helpline at 1-800-852-8089. Any cancellation requests received after fulfillment are non-cancelable. 4. Prices and Payment Terms (a) Pricing for Products is displayed via the Service. Note that prices posted on our Website and offered via the Service are subject to change without notice. Regardless, the price charged for a Product will be the price in effect at the time the Order is submitted through the checkout process under the Service. Posted prices do not include taxes, shipping expenses or customization charges, where applicable. Any such additional charges will be line itemed on your Order total. Sometimes our offers contain mistakes, such as, the pricing offered or typographical errors, and although we try to catch these errors, we are not responsible for such errors, and we reserve the right to cancel any Orders arising from such errors. (b) Acceptance of an Order by us occurs after we receive the payment. Payment must be submitted via the payment methods offered under the checkout process of the Service. When you submit payment information, we rely on the fact your payment information is correct, and you hereby represent and warrant that (i) all of your information is true, correct and complete, (ii) you are duly authorized to use such method of payment, (iii) charges incurred by you will be honored by your bank and/or credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. (c) Open Accounts. From time to time, we will permit Users to have an 'open account'. If we accept your Order on an 'open account', we will notify you of such. In that case, we will submit a statement to you for payment of any Products ordered via an Order on or about the last on Friday of the month in which the Order was placed (or if such Friday is a U.S. holiday, then the following business day). Full payment under the statement must be received by us by the 10th day of the following month. If you have met or exceeded your credit limit, your Order will be placed on hold until you make all payments due in full. You may seek to increase your credit limit by calling ABB's helpline at 1-800-852-8089. An increase to your credit limit is at ABB's absolute and sole discretion. (d) For late payments, you shall pay interest at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You shall also reimburse ABB for any costs incurred in collecting any late payments, including, without limitation, attorneys' fees. In addition to all other remedies available under these Terms of Sale, the Other Agreements or at law (which ABB does not waive by the exercise of any rights hereunder), ABB shall be entitled to suspend or terminate the delivery of any Products if you fail to pay any amounts when due hereunder and such failure continues for five (5) days following written notice thereof. 5. Shipments; Delivery; Title and Risk of Loss (a) Products will be shipped to the shipping destination indicated in your Order (which may be you or your customer), provided the shipping destination is in the Territory, FOB from our Shipping Location. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. (b) Title and risk of loss pass to you upon our transfer of the Products under the Order to the carrier for delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. 6. Inspection and Rejection of Nonconforming Products (a) Please inspect the Products within two (2) business days after you receive them ("Inspection Period"). You will be deemed to have accepted the Products unless you notify ABB in writing of any Nonconforming Products during the Inspection Period and provide a description of the nonconformity as required or requested by ABB. (b) If you notify ABB of any Nonconforming Products in time, ABB shall, in its sole discretion, (i) replace such Nonconforming Products with conforming Products, or (ii) credit or refund the price for such Nonconforming Products, together with any reasonable shipping and handling expenses incurred by you in connection therewith. You must ship, at your expense and risk of loss, the Nonconforming Products to the Shipping Location designated by ABB. If ABB exercises its option to replace Nonconforming Products, ABB shall ship to you at your expense and risk of loss the replaced Products to the original delivery point after receiving your shipment of Nonconforming Products. (c) The above credit and refund are your exclusive remedies for the delivery of Nonconforming Products. Except for Nonconforming Products or as described elsewhere in these Terms of Sale or the other agreements, all sales of Products to you are made on a one-way basis and you have no right to return Products purchased under these Terms of Sale to ABB. 7. Discontinue Accepting Orders and Termination ABB may discontinue accepting your Orders via the Service at any time if (a) you fail to make any payment when due hereunder and such failure continues for five (5) days after receiving notice of same; or (b) you breach any of your representations, warranties, covenants or agreements in these Terms of Sale or the Other Agreements in any material respect. If ABB discontinues accepting your Orders or if your Service is terminated for any reason, you must pay to ABB all payments due to ABB for any services, Products or materials provided prior to or after such discontinuation or termination. 8. Your Acts or Omissions If you or your representative(s) or personnel in any way prevent, delay or impact our ability to perform, we won't be liable for any resulting delay, interruption or impact relating to the Service, including for any costs, charges or losses sustained or incurred. 9. Returns and Refunds ABB's return policy mirrors the Manufacturers' return policies. ABB accepts the return of any Product and will provide you with a credit for the purchase price paid for such Product (not including freight) if the Manufacturer of such Product would accept the return of such Product for full credit. You are responsible for all shipping and handling charges on returned items and you bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. [All returns are subject to a 3% restocking fee.] Refunds are processed within approximately 5 business days of our receipt of the returned Product. Your refund will be credited back to the same payment method used to make the original purchase on the Service. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SERVICE AS NON-RETURNABLE. 10. Conditions You acknowledge and agree that ABB cannot sell or deliver any Product to you if you are not a qualified customer of the Manufacturer of such Product, or if ABB is no longer a qualified distributor for that Product. You will cooperate, to the extent applicable, with ABB's compliance with each Manufacturer's policies and procedures in effect from time to time. You authorize ABB to report your purchases of Products from ABB to the applicable Manufacturers to ensure the Manufacturers properly allocate sales credit to you and your sales representatives, if applicable. 11. Compliance You hereby represent, warrant and covenant that neither you nor any of your affiliates or personnel authorized to access or use your ABB Account or who have knowledge of your Log-In Information has been debarred, excluded, or otherwise determined to be ineligible to participate in Federal Healthcare Programs or in Federal Procurement (collectively, "Ineligible"), the Manufacturer of such Product would accept the return of such Product for full credit. You are responsible for all shipping and handling charges on returned items and you bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. [All returns are subject to a 3% restocking fee.] Refunds are processed within approximately 5 business days of our receipt of the returned Product. Your refund will be credited back to the same payment method used to make the original purchase on the Service. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SERVICE AS NON-RETURNABLE. 12. Warranties The only warranties which apply to any Product are those provided directly by the Manufacturer of the Product to you. ABB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABB will perform its services hereunder consistent with reasonable professional standards. EXCEPT FOR THIS EXPRESS WARRANTY, ABB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. 13. Limitation of Liability All limitations of liability and indemnification rights and obligations under the Other Agreements shall apply to this Terms of Sale and any activities related to this Terms of Sale. 14. Recalls ABB shall promptly notify you if ABB receives any recall or safety notice for any Products purchased (each, a"recall"). You must cooperate with and assist ABB and the Manufacturer of the recalled Products with any Recall of such Products. Your right to reimbursement for any Recall is limited to amounts that the Manufacturer pays. ABB is not obligated to make any payment or provide any remedies or redress in connection with a Recall. 15. Miscellaneous (a) Account Security. Please keep your ABB Account and Log-In Information secret and secure. You will need your Log-In Information to access the Service and place Orders. Your Log-In Information has the same effect as your written signature and can be used to access, use and modify your ABB Account and profile information and to place Orders for Products, payment for which you are solely responsible. Anyone with knowledge of your Log-In Information can gain access to your ABB Account, make changes to your ABB Account and may place Orders for Products, for which you will be solely responsible to pay. You should only provide Log-In Information or access to your ABB Account to representatives you trust and who are authorized to access, make changes and place Orders on your behalf. If any representative or personnel who has knowledge or access to your Log-In Information ends their relationship with you or changes or no longer should have access to your ABB Account,we strongly recommend that you immediately change the Log-In Information. You are responsible for protecting your Log-In Information against improper and unauthorized use, which includes access from prior representatives or personnel. No one from ABB will be authorized to provide your Password to you, but administrators of the Service may send a password reset link via email to the email on record for you to reset your password. You are also solely responsible for restricting access to any information-processing device you use to access the Service. You are solely responsible for any and all transactions, entries or instructions initiated by or through the use of your Log-In Information, and any and all claims, losses, damages, expenses and costs incurred by the improper or unauthorized use of your Log-In Information and/or the use of your Log-In Information by others. You must notify ABB immediately if you believe that your Log-In Information has been lost or stolen, that someone has improperly accessed your ABB Account without your permission, or that the security of your Log-In Information has been compromised in any way. ABB reserves the right to reset your Password. (b) Products Not for Export. You agree to comply with all applicable laws and regulations of the various states and of the United States in connection with your sale of the Products to consumers. You may not sell any Products for use anywhere other than in the Territory. You may sell Products only to end users of the Products and no to persons that intend to resell such Products. You may not export any Products outside the Territory. Your failure to comply with any of these restrictions will be a violation of your representations and warranties and a breach of the Agreement between you and ABB and ABB may seek any and all remedies, including refusing Orders from you and/or terminating its relationship with you. (c) Compliance with Law. You shall comply with all applicable laws, regulations and ordinances. You shall maintain in effect all the licenses, permissions, authorizations, consents and permits that you need to carry out your obligations under these Terms of Sale and the Other Agreements and to lawfully sell the Products to consumers. (d) No Third-Party Beneficiaries. These Terms of Sale and the Other Agreements are for the sole benefit of ABB and you and our respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms of Sale or any of the Other Agreements. (e) Relationship of the Parties. The relationship between ABB and you is that of independent contractors. Nothing contained in these Terms of Sale or the Other Agreements shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between us, and neither ABB nor you shall have authority to contract for or bind the other in any manner whatsoever. (f) Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the accessing, handling and gathering of any sensitive data collected from you or your consumers in connection with any purchase of Products through the Service. We may use protected health information to create information that is deidentified in compliance with 45 C.F.R. § 164.514(a)-(b). We may use, disclose, market, or sell such deidentified information for any lawful purposes, without restriction, provided that the information does not include any key or other mechanisms that would enable the information to be identified. (g) Force Majeure. We are not liable or responsible to any person and we will not be in breach of these Terms of Sale or any of the Other Agreements, for any failure or delay in our performance when and to the extent such failure or delay is arises from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. (h) Anti-Kickback. The federal anti-kickback statute, 42 U.S.C. § 1320a-7b(b), prohibits certain activities in connection with referring or arranging for business paid for by a federal healthcare program. Nothing in these Terms of Sale or the Other Agreements shall be construed as an obligation or inducement for you to recommend that health care providers or patients purchase any particular Products. Both ABB and you acknowledge that these Terms of Sale and the Other Agreements are and have been negotiated at arms-length and that the compensation paid under these Terms of Sale and the Other Agreements represents, to the best of our respective knowledge, the fair market value for the services each provides. You shall comply with the Discount Safe Harbor to the Anti-Kickback Statute, 42 C.F.R. §1001.952(h), which requires, without limitation, reporting of discounts to the government upon request and when seeking reimbursement under any governmental health care program. (i) Survival. Those provisions of these Terms of Sale and the Other Agreements, which by their nature should apply beyond the fulfillment of any Order, will remain in force after the Order has been fulfilled including, but not limited to, the following provisions: Miscellaneous, Recalls, Limitation of Liability, and Indemnification. Eye Care For You Get in touch with me abby@helloabby.com•833-741-ABBY * About Us * © 2022 Abby| * Privacy Policy| Terms & Conditions