www.helloabby.com Open in urlscan Pro
13.107.238.44  Public Scan

Submitted URL: http://url4663.helloabby.com/ls/click?upn=HHwCR-2BFcmLAtY-2F1ZMYwt7o9c42dKIIrGwzN9yZvigT5i2pfAasM-2FkJYztI1lFY9ieAcwmiPKMYbqG...
Effective URL: https://www.helloabby.com/terms-and-conditions
Submission: On February 13 via api from US — Scanned from DE

Form analysis 1 forms found in the DOM

#

<form action="#" class="FormFormik_form__5Z1mM FormFormik_formHorizontal__7qVUU"><span class="FormFormik_inputs__ZjTSx"><span class="FieldGroup_condensedInputContainer__DQlxc FieldGroup_fieldGroup__iXcV9 HeaderSignIn_headerSignInFieldGroup__GPVjU"
      data-testid="header-email-group"><span class="FieldGroup_labelInputContainer__VL2WI"><input name="HeaderSignIn-email" class="FieldGroup_field__mXcai FieldGroup_condensedInputs__qfIxW" id="HeaderSignIn-email" type="text" placeholder=""
          data-testid="header-email-input" value=""><label class="FieldGroup_label__DzCt5" for="HeaderSignIn-email">Email</label></span><span class="FormLevelError_formLevelError__cVqT8" data-testid="header-email-error"></span></span><span
      class="FieldGroup_condensedInputContainer__DQlxc FieldGroup_fieldGroup__iXcV9 HeaderSignIn_headerSignInFieldGroup__GPVjU" data-testid="header-password-group"><span class="FieldGroup_labelInputContainer__VL2WI"><button type="button"
          tabindex="-1" class="FieldGroup_clearPrimaryInputValueButton__TH6nx" data-testid="header-password-eye-icon"><span class="FieldGroup_clearPrimaryInputValueButtonIcon__YWYKs"><span
              style="box-sizing: border-box; display: block; overflow: hidden; width: initial; height: initial; background: none; opacity: 1; border: 0px; margin: 0px; padding: 0px; position: absolute; inset: 0px;"><img alt="Show Value"
                src="/_next/static/media/show-password.94877110.svg" decoding="async" data-nimg="fill" sizes="100vw"
                srcset="/_next/static/media/show-password.94877110.svg 640w, /_next/static/media/show-password.94877110.svg 750w, /_next/static/media/show-password.94877110.svg 828w, /_next/static/media/show-password.94877110.svg 1080w, /_next/static/media/show-password.94877110.svg 1200w, /_next/static/media/show-password.94877110.svg 1920w, /_next/static/media/show-password.94877110.svg 2048w, /_next/static/media/show-password.94877110.svg 3840w"
                style="position: absolute; inset: 0px; box-sizing: border-box; padding: 0px; border: none; margin: auto; display: block; width: 0px; height: 0px; min-width: 100%; max-width: 100%; min-height: 100%; max-height: 100%;"><noscript></noscript></span></span></button><input
          name="HeaderSignIn-password" class="FieldGroup_field__mXcai FieldGroup_condensedInputs__qfIxW" id="HeaderSignIn-password" type="password" placeholder="" data-testid="header-password-input" value=""><label class="FieldGroup_label__DzCt5"
          for="HeaderSignIn-password">Password</label></span><span class="FormLevelError_formLevelError__cVqT8" data-testid="header-password-error"></span></span></span><input type="submit" class="InputSubmit_submitInput__dkljN "
    data-ctatitle="Sign In" data-ga-form-name="HeaderSignIn" data-testid="header-sign-in-button"
    value="Sign In"><a href="#" title="Forgot password?" class="LinkForgotPassword_forgotPasswordLink__fhpgH" data-testid="header-forgot-password-link">Forgot password?</a></form>

Text Content

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