Web Site Terms and Conditions of Use

Optical Launch Terms of Use

Last Updated: August 02, 2021

These Terms of Use (these "Terms") are a legally binding agreement between you and APPOINTMENT LAUNCH LLC a Kansas limited liability company (referred to in these Terms as "Appointment Launch" "we," "our," "us" and similar terms) and each person who accepts these Terms (referred to as "you," and similar terms). Capitalized terms used below have the meanings assigned to them in these terms.

You agree to these terms by either accessing and using the Services (even if you do not create an account), or (2) by clicking "I Accept" or "I Agree," or taking a similar action in connection with these Terms. You agree that you have read, understand and accept these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR SERVICES.

These Terms govern your access to and use of our Services and the Optical Launch Platform

1. The Services and the Optical Launch Platform. We provide a variety of services through our website (https://www.opticallaunch.com, the "Site") and our web application (https://www.opticallaunch.com/kiosk/, the "App") and any other software that we make available to you (collectively, the "Optical Launch Platform"). Our services include providing information and services to you relating to eye health and related products, and all other services that we provide through the Optical Launch Platform now or in the future (the "Services").

In order to use some of the Services you must authorize us to use your Protected Health Information. Your treatment and care by your care provider cannot be conditioned on whether or not you authorize us to use your Protected Health Information. IF YOU DO NOT WANT US TO USE YOUR PROTECTED HEALTH INFORMATION, DO NOT USE THE SERVICES, DO NOT CREATE AN ACCOUNT AND DO NOT MAKE THE AUTHORIZATION.

3. Consent to Use Your Protected Health Information. From time-to-time, we may collect information from you such as questionnaires patient in-take forms and other information to be provided to any care provider that you identify in using the Services ("Your Care Provider"). If you switch to a new care provider, you may be required to create a new account, complete a new Authorization, and resubmit certain information. In addition to authorizing us to use certain Protected Health Information as referenced in Section 1, you hereby consent and authorize us to disclose to Your Care Provider your Protected Health Information and all other information that we collect or that you provide to us. "Protected Health Information" may include any of your health information, including, but not limited to, your vision prescription, health history, age, gender, weight, medical conditions, and any other information that we collect from you, and any other information that is classified as Protected Health Information under HIPAA or other applicable laws. Your Care Provider may use that information for treatment, to facilitate payment and their relationship with you, and for any other lawful purpose. Please contact Your Care Provider to learn more about how they will use your information.

4. Privacy and Other Policies. Your use of the Optical Launch Platform and the Services is subject to our Privacy Policy available below on this page and all other policies that we provide to you from time-to-time by posting such policies on the Optical Launch Platform (collectively, the "Policies"). You agree that the Policies are a part of these Terms. We may modify the Policies at any time in the same manner as we may modify the rest of these Terms.

5. Who Can Use the Services. You must be at least 18 years old to use the Services. If you are at least 13, but are not yet 18, you may use the Services only with the supervision and consent of your parent or legal guardian. If you are 12 or younger, you may not use the Services and may not submit any personal information to us, such as your name, address or contact information. By creating an account, accepting these Terms or using the Services, you represent and warrant to us that you are at least 18 years of age and have reviewed and consent to the Terms, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Services. If you are a parent or guardian agreeing to the Terms for the benefit of anyone under the age of 18, you represent and warrant that you have reviewed and now consent to the Terms and accept full responsibility for that child's use of the Services, including all financial charges and legal liability that the child may incur in connection with the use of the Services.

6. Creating an Account to Use Certain Services. Some Services will not work unless you create an account. If you do not create an account, you will not be able to use those Services.

7. Your Account Information. You must provide us with accurate and complete information required by the account registration process. You must keep that information up to date. We may not be able to provide you with important updates and notices if you do not keep your information current.

8. Access to Your Account. If you create an account, you are responsible for maintaining the confidentiality of all actions that take place while using your account. Notify us immediately if you suspect someone has made unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge. If you forget your password, follow the prompts on the log in feature to create a new password.

9. Changes to the Services.We may change the Services at any time without notice to you. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability. We may also from time to time, as we see fit, develop and provide updates for certain Services ("Updates"). Some of the Services may not properly operate if you do not install all Updates. These Updates may include updated versions of our software and other applications, which may automatically update the versions used on your devices. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.

10. Our Right to Suspend and Monitor Use of the Services. We may change, suspend, or discontinue any or all of the Services at any time. We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services.

11. Purchases from Vendors. We may provide you with the ability to purchase products from third parties such as Your Provider ("Vendors") through the Services. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). We do not assume any responsibility or liability for the actions, product, and content of the Vendors or any other third parties. You should carefully review their privacy statements and other conditions of use. If you purchase any products from the Vendors, you agree to pay the purchase price provided at the time of checkout, including, but not limited to, all applicable, taxes and fees identified at the time of checkout. You acknowledge and agree that you understand that you are not purchasing products from us, but solely from the Vendors. You agree that we will not have any liability to you for any purchase that you make through the Services. You agree to provide us with accurate payment information, such as your credit card information, when you make a purchase. You agree that we may store your payment information in your account. You may modify your payment information at any time using the features in your account. You agree that you will only provide payment information to us that you are authorized to use.

12. Refunds and Returns. We do not provide any returns or refunds. Your right, if any, to receive any refund or to return any product will be solely governed by the refund and return policies of the Vendor. You can obtain a copy of those policies from the Vendor by contacting the Vendor. We strive to provide accurate contact information from the Vendor through the Services, but we cannot guaranty that the contact information is accurate, as we rely upon Vendor to provide and update their information.

13. Product Descriptions. We attempt to provide accurate and helpful descriptions of all products available for purchase through the Services. However, we cannot guaranty, and do not warrant the product descriptions or any other content that we receive from the Vendor.

14. Pricing. Prices may be changed at any time without notice. We cannot confirm the actual purchase price until the time of checkout. Please review all purchases carefully before you finalize the purchase.

15. Electronic Communications.By creating an account, you agree to receive communications from us, including via e-mail, texts, mobile push notifications, or notices and messages on the Optical Launch Platform. Communications from us may include but are not limited to: operational communications concerning your account or use of the Optical Launch Platform or Services, updates concerning Updates or new Services, communications concerning promotions run by us or our third- party partners, and news concerning Appointment Launch LLC and industry developments. You may opt out of receiving promotional emails by following the unsubscribe options in the promotional email itself, or by adjusting your settings in your account, if such features are available. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. Mobile Communications. By using the Optical Launch Platform, you expressly agree that we may communicate with you regarding transactions you have initiated on the Services. You also agree that we may respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us. Your phone company's normal messaging, data, and other rates and fees will still apply.

17. Access and License. We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our applications downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of that code. Subject to your compliance with these Terms we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services.

18. Acceptable Use. You agree that you will use the Services only in a manner that complies with and does not violate any local, state, or national law, rule or regulation. You agree that you will not use the Services in any way that:

i. harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

ii. is harmful, unlawful, threatening, abusive, harassing, defamatory, libelous, invasive of any other person's privacy, obscene, pornographic, offensive, or exploits a minor in any way;

iii. solicits any personal information from any person who is a minor;

iv. includes personal or identifying information about another person without that person's explicit consent;

v. impersonates any person, organization, association or any other entity, or falsely states or otherwise misrepresents your affiliation with another person or entity;

vi. is false, deceptive, misleading, deceitful, or in any way misrepresents the truth of any matter;

vii. constitutes or encourages the commission of any criminal offense, or that provides instructional information about any illegal activity, including but not limited to making weapons, explosives, drugs, or computer viruses;

viii. constitutes conduct that would give rise to civil liability or otherwise violate any law;

ix. violates, plagiarizes, or infringes our rights or the rights of third parties, including but not limited to copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;

x. violates any law or contractual relationship to which you are subject;

xi. transmits software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment;

xii. restricts or inhibits any other user from accessing or using the Services, whether by damaging, disabling, overburdening, impairing, or interfering with the functionality or quality of the Services in any manner;

xiii. uses any robot, spider, crawler, scraper or other automated means not expressly authorized by us to access the Services;

xiv. circumvents or attempts to circumvent any measure designed to protect the Services, or third parties;

xv. use the Services for any commercial purpose; or

xvi. export or otherwise transmit the Services outside of the United States.

19. The Services are Not Medical Advice. We aim to provide useful general information to you and other users, not professional medical or optometric advice. The Services and the Optical Launch Platform are not medical devices, and the data and content provided by them is not intended to be used for medical purposes and is not intended to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical or optometric advice of any kind through the Services. All Content provided through the Services, whether provided by us or by others (even if they are a doctor or licensed medical professional) is not intended to be and should not be used in place of (a) the advice of your optometrist, physician or other professionals, (b) a visit, call or consultation with your optometrist, physician or other medical professionals, or (c) information contained on or in any product packaging or label. We are not responsible for any health problems that may result from your use of the Services or purchase or use of any products from Vendors. Should you have any health related questions, please call or see your optometrist or other healthcare provider promptly. If you have an emergency, call your optometrist or your local emergency services immediately. Your use of the Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between us and you.

20. Our Right to Modify these Terms. We may modify these Terms at any time by providing to you a modified copy of these Terms by email or by posting the modified Terms on the Optical Launch Platform. The modified Terms will be effective when provided to you, unless we specify a later date. If you do not agree to the modified Terms, your only option is to stop using the Optical Launch Platform or the Services after the effective date of the modified Terms. Your continued use of the Optical Launch Platform or the Services after the effective date of the modified Terms will be your affirmative agreement to the modified Terms. We may modify any information referenced in the hyperlinks from these Terms from time to time, and such modifications will become effective upon posting, unless a later date is specified. Continued use of the Optical Launch Platform or Services after the effective date of any such changes shall constitute your consent to the changes. These Terms may only be modified as provided in this Section.

21. Our Right to Suspend Your Account. We reserve the right to indefinitely suspend your account in our sole discretion without notice, although we will endeavor to provide notice to you. During any suspension of your account, you may not have access to the Services.

22. Terminating your Account. You may terminate account at any time using the features that we provide for that purpose through the Optical Launch Platform. We reserve the right to terminate your account for any reason, effective at any time upon providing written notice to you. Upon termination you may lose your ability to access your account and some or all Services. After any termination of your account, we have no obligation to maintain any information stored in or related to your account. We reserve the right to permanently erase all of the data stored in your account or provided to us through your account at any time after your account is terminated.

23. Disclaimers. The following disclaimers are made on behalf of Appointment Launch LLC, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and owners. The Optical Launch Platform is provided on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Optical Launch Platform and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We do not warrant that your use of the Optical Launch Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements or the requirements of any third party, that any defects in the Optical Launch Platform or Services will be corrected, or that the Optical Launch Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, interoperability with any system, connectivity or availability of the Optical Launch Platform or Services. We expressly disclaim all liability arising from the unauthorized use of your account. Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security, you agree to notify us immediately. We disclaim all liability for, and make no representations or warranties, with respect to your purchases from Vendors.


25. Intellectual Property. All intellectual property rights in the Optical Launch Platform are owned by Appointment Launch LLC absolutely and in their entirety, or by other parties we have licensed the intellectual property from. These rights include and are not limited to database rights, copyrights, design rights (whether registered or unregistered), trademarks and service marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of those rights. You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), and the content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. We grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services, the Optical Launch Platform and the content, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Optical Launch platform, content or Services to anyone else.

26. General Terms. These Terms shall be governed by the laws of the State of Kansas without regard to conflict of law principles. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of these Terms. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms. You agree that these Terms and all incorporated agreements may be automatically assigned by us, in our sole discretion by providing notice to you. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. If we fail to act or exercise our rights in response to a breach by you or any other user, that will not constitute a waiver of our right to act with respect to subsequent or similar breaches. Any waiver we make will only be effective if in writing and only for the specific circumstance identified. These Terms contain the entire understanding and agreement between you and Appointment Launch LLC with respect to the subject matter of these Terms, and supersede all previous written or verbal understandings and agreements between the parties.


You and Appointment Launch LLC hereby waive any right to a trial before a state or federal judge or before a jury, and agree to submit any dispute, claim, cause of action, demand, or controversy, related in any way to the Services or these terms to binding arbitration pursuant to the provisions of the Federal Arbitration Act and the AAA Consumer Arbitration Rules. The arbitrator will be authorized to resolve any disputes regarding arbitrability, or the enforceability, interpretation, or applicability of these terms of use, and the arbitrator will be empowered to make all rulings, procedural, substantive, or otherwise. You agree that any dispute, claim, cause of action, demand or controversy between you and Appointment Launch LLC must be commenced within one year of its accrual, or else such claim shall be barred, regardless of any otherwise applicable statute(s) of limitation.

You agree that any dispute between you and Appointment Launch LLC must be resolved in an individual arbitration, and not as a class arbitration, class action, or any other representative proceeding.

You agree that all aspects of any arbitration proceedings will be kept confidential, including all information exchanged, collected, or presented during the arbitration.

So that you and Appointment Launch LLC may seek an informal solution to any dispute, you agree that before instituting a formal arbitration proceeding, you will provide Appointment Launch LLC with notice of your claim. Such notice shall be sent by certified mail to Foreman Law LLC, Attn: Sam Foreman, PO Box 940, Wichita, KS, 67201 and must include your name, address, email address, and phone number; a detailed description of your claim, including the legal and factual basis of the claim; and a description of the specific relief you seek in connection with your claim. Appointment Launch LLC shall have 60 days from the date of mailing to respond, after which either party may commence an arbitration proceeding.

The provisions of this section shall survive termination of your account, these terms, or any other termination of our relationship with you.

28. Notices. Except as explicitly stated otherwise, any notices to us shall be submitted through the "contact" feature provided through your account. All notices to you shall be provided to you through the Optical Launch Platform or given to you via the email address you provide to us during the registration process, or otherwise provide to us through the account features we provide to you for that purpose.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy:

Optical Launch Privacy Policy

Last Updated: August 02, 2021

This Privacy Policy (this "Privacy Policy") explains how Appointment Launch LLC, a Kansas limited liability company (referred to as "Appointment Launch," "we," "our," "us," and similar terms) collects information from users (each referred to as "you," and similar terms), and how we use and share that information. By using the Optical Launch Platform, you agree to the terms of this Privacy Policy. Your use of the Optical Launch Platform and Services is also subject to the Terms of Use found below. Capitalized terms used in this Privacy Policy are defined in the Terms of Use unless they are defined in this Privacy Policy.

1. Where this Privacy Policy Applies. This Privacy Policy applies to all use of the Optical Launch Platform and the Services.

2. Your Authorization For Us to Use your Personal Health Information. In connection with using the Services or creating your account, you may have completed an authorization (the "Authorization") for us to use the information referenced in the Authorization. If there is any conflict between the Authorization and this Privacy Policy, then the Authorization shall apply to the extent of the conflict.

3. Changes to this Privacy Policy. We may make changes to this Privacy Policy from time-to-time. All changes will be effective when posted on the Optical Launch Platform, unless we specify a later date. If we make any material changes to this Privacy Policy, we will notify you through the Optical Launch Platform, by email, or by other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the Optical Launch Platform, you are agreeing to this Privacy Policy and all updates that we make to it. If you do not agree to the updated Privacy Policy, you may not continue to use the Optical Launch Platform, and your only option will be to stop using the Services, and terminate your account, if you have created one.

4. Information We Collect.

(a) Account Information. When you register an account, you may give us your name, email address, phone number, governmental identification numbers, employment information, credit card number or other payment information, mailing address, gender, age and all other information that we request or require. If you do not wish to provide any information that we require you to provide in order to create an account, then your only option will be to not create an account and not use the Services.

(b) Health Information. We collect the health information that you provide to us, or that you authorize others to disclose to us under the Authorization. Some of this health information may be considered Protected Health Information (or have some similar status) under federal or state law.

(c) Communications. If you contact us directly, we may receive additional information about you that you provide to us.

(d) Usage Data. To provide the Services to you, and to help us understand how you use the Services and to help us improve the Services, we automatically receive information about your use of the Services and other Usage Data. "Usage Data" includes the pages or other content you view, your actions within the Optical Launch Platform, the dates and times of your visits, the Services you use, the content you view, and all other interactions with the Services.

(e) Personal Data. To provide the Services to you, we will collect Personal Data when you use the Services. "Personal Data" includes the following in a way that may be personally identifiable to you, and may be considered Personal Health Information (or have some similar status under federal or state law): personal data that you record or authorize others to disclose to us, such as height, weight, age, gender, health information and health history, your face shape, your eye color, vision prescription, the dates and times of your visits, the Services you use, the pages you view, and all other interactions you have with Services.

5. How We Collect Information. We collect information from you through forms that we provide to you. Your ability to use and benefit from the full functionality of the Services is dependent upon accurately and completely providing certain information on those forms. We also collect information from you through the use of "cookies," tracking pixels, beacons and similar technologies to understand how you use the Services and interact with advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. You should consult your web browser(s) to modify your cookie settings to meet your priorities. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the Services and your use of the Services may be negatively affected.

6. How We Use Information We Collect. We use the information we collect from all users to:

(a) Provide information to Your Provider to facilitate their relationship with you;

(b) Communicate with you, including for marketing and promotional purposes;

(c) Personalize the Services;

(d) Provide you with customer support;

(e) Facilitate transactions and payments;

(f) Operate our business and provide, improve, expand, and promote the Services;

(g) Provide you with access to third-party products and services;

(h) Tailor our advertising and marketing;

(i) Administer promotions; and

(j) Analyze how users use the Services.

7. How We Share Your Information.

(a) Disclosures to Your Provider. We will provide all Usage Data and Personal Data to Your Provider to facilitate their relationship with you, facilitate payments for your purchases and for any other lawful purpose. Please contact Your Provider to ask how they will use this information.

(b) Usage Data and Personal Data Shared with Third Parties. We provide Usage Data and Personal Data to third parties to help us improve our Services and to inform our advertisers, parties that sell products through the Services, and other third parties about the preferences and characteristics of our users. >Before we share any Usage Data or Personal Data, we use industry standard methods to make sure that the data that we share cannot be identified to you or any other individual user, except for the information you authorize us to use in connection with a purchase that you make.

(c) Payment Method. When you add a credit card or other payment method to your account, a third party that handles payments for us will receive your payment information and will use it to pay fees and charges for purchases that you make through the Services.

8. Information Others Collect. Other websites, mobile applications and services that you interact with may collect information from you after you leave their website, including information related to your use of the Optical Launch Platform and the Services. We do not control any third party or their collection of your information. Please review the respective party's privacy policy to understand their collection and use of your information.

9. Your Choices.

(a) Email Subscriptions. You can unsubscribe from our promotional emails but we will still send you transactional and relational emails about your account and use of the Services.

(b) Editing Your Information. You can review and edit certain account information by logging in to your account. You may terminate your account as provided in the Terms of Use. If you choose to terminate your account, or if your account is terminated under the Terms of Use, we will deactivate it for you but we may retain information from your account for a certain period of time we determine in our sole discretion, and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce our Terms of Use, or take other actions as required or permitted by law.

10. Data Security. We are committed to protecting the data of our users. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.

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