Terms of Service –
BuzzOptics (United States)
We know these documents can be full of legal language and technicalities, therefore we’ve tried to make it simple– after all, we want you to read this!
In addition to the Terms of Service below, specific actions and purchases are subject to the additional terms linked below:
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF BY ELECTRONIC SUBMISSION, BY CLICKING “ACCEPTED AND AGREED,” OR BY CHECKING A BOX INDICATING YOU HAVE READ AND AGREED THESE TERMS OF SERVICE, OR BY PURCHASING AN ITEM, OR BY USING THE PLATFORM OR WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE. IF NON-ELECTRONIC SUBMISSION, BY INITIALING EACH PAGE AND SIGNING AT THE END, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
BuzzOptics (“Buzz”) is owned and operated by Pupil, Inc. or “Pupil” doing business as (DBA) “BuzzOptics” and provides sales and service of Optometric and Ophthalmic equipment and supplies to authorized users. BuzzOptics’ sales and services include the products (the “Products”) and URLs (the “Site” https://buzzoptics.us). Throughout this Agreement, BuzzOptics and Pupil, Inc. is referred to as “we” or “us.”
GENERAL TERMS AND CONDITIONS
The Web is an evolving medium. If we need to change the terms of this Agreement in the future, we will post the revised Terms and Conditions of Use through our Application or website and update the “Last Revised” date, above, to reflect the date of the changes. You agree to review these Terms and Conditions of Use each time you use the BuzzOptics Application or Products so that you are aware of any modifications made to this Agreement. By continuing to access or use the Application after we post such changes, you agree to the terms of this Agreement, as modified.
BuzzOptics offers remote support channels to customers for help with purchases, requests including return and warranty, and general troubleshooting. The following support channels may be utilized for customer support:
- Email: email@example.com
- Telephone: +1 (866) 560-2899
- Web Chat: https://buzzoptics.us
If you attempt to contact us through an alternative channel, you may not receive a response.
Support channels are available Monday-Friday from 8:30am to 5:30pm (Mountain Time).
BuzzOptics reserves the right to discontinue support or refuse service to customers, potential customers, or other individuals whom exhibit aggressive, harassing, discriminatory, or other inappropriate behavior through our available support channels. In certain cases, BuzzOptics may protect the identity of its support agents or team members by using alias’, nicknames, or other filters in oder to comply with privacy laws.
By purchasing products on BuzzOptics.us, or through other form of contact, you enter into a contract between yourself and BuzzOptics and agree to pay the listed purchase price plus any applicable fees.
You may, upon checkout, opt to pay for your order via business or personal check. After your order is submitted electronically, a prepaid FedEx shipping label will be sent to your email within 18 hours of your order. This label should be used to mail your check payment to BuzzOptics. You may deliver this envelope to a FedEx drop box, or simply present it to the FedEx driver that will be dispatched (the following business day) to pick the envelope up.
Although not presented as a payment option on BuzzOptics’ checkout, certain organizations may opt to issue a Purchase Order to BuzzOptics for purchase of equipment, supplies, or parts. BuzzOptics only permits/accepts the use of purchase orders (and payment terms) from/by accredited Hospitals, Government Organizations, Schools (including private entities), Non-Profit Charities, and Government Contractors. These qualified organizations should contact BuzzOptics with the attached purchase order and any request for tax documentation (W9, etc…). Please note that BuzzOptics does not offer payment terms in excess of NET 30.
BuzzOptics does not accept money orders, cashier checks, bank transfer, or other forms of payment.
In the event you open an investigation, also referred to in this document as “Chargeback” or “Payment Dispute,” with the financing institution utilized when purchasing a product from BuzzOptics, we may cease to provide further support, including warranty, repair, return, and general troubleshooting information until the investigation has concluded.
BuzzOptics offers a limited warranty (detailed on the individual product page, and/or quote) on all equipment and devices (excluding disposable supplies and parts) from the date of delivery unless otherwise specified. It does not cover:
(i) Installation, removal or disposal of the Covered Equipment, or the provision of equipment while the Covered Equipment is being serviced;
(ii) Damage caused by (a) a product that is not the Covered Equipment (b) accident, abuse, misuse, liquid contact, fire, earthquake or other external cause, (c) operating the Covered Equipment outside the permitted or intended uses described by the manufacturer, or (d) service (including upgrades and expansions) performed by anyone who is not a representative of BuzzOptics or a BuzzOptics Authorized Service Provider;
(iii) Covered Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer;
(iv) Covered Equipment that has been lost or stolen. This Plan only covers Covered Equipment that is returned to BuzzOptics in its entirety;
(v) Cosmetic damage to the Covered Equipment including but not limited to scratches, dents and broken plastic on ports;
(vi) Consumable parts, such as batteries, lightbulbs, or disposable accessories;
(vii) Preventative maintenance on the Covered Equipment; or
(viii) Defects caused by normal wear and tear or otherwise due to normal aging of the product.
At the sole discretion of BuzzOptics, your device/equipment may be repaired, replaced, or refunded under valid warranty coverage. Depending on the condition of the instrument, it may need to be sent into BuzzOptics’ facility for service and/or repair. In the event this is required, original packaging must be used during the return shipment.
Standard 90-Day warranty coverage renews per accepted warranty claim submission; beginning coverage on the day of submitted claim.
Parts manufactured by BuzzOptics (labelled as [PART]) do not qualify for warranty coverage.
BuzzOptics offers an extended warranty coverage plan under Terms and Conditions not detailed on this page.
BuzzOptics offers a 15-day domestic return policy on all equipment and devices (excluding disposable supplies and parts) from the date of delivery unless otherwise specified on the individual product page. To return an item or an order in full, you must contact BuzzOptics’ support team to obtain a return ticket authorization number prior to returning any products. Orders returned without a proper ticket number will be returned to the sender (the Customer) without refund.
We will refund applicable items to the original payment method used when originally purchasing the item. If more than one payment method was utilized, we may refund payment to one or both of those methods. Items returned are subject to a 10% restocking fee that will be deducted from the returned funds.
Due to the complex nature of medical devices, we may perform a diagnostic evaluation lasting no more than ten (10) business days on the returned item(s) which may prolong the return of funds until at which time the diagnostic evaluation is complete. HIPAA compliance mandates BuzzOptics purge any and all clinical or patient information protected under Federal Law.
Products returned in a condition other than the delivered, original condition, may be returned to sender (the Customer) and ineligible for a full or partial refund. We also may contact you with questions regarding your use of the product if the instrument is returned in a state deviating from its original condition. It is the responsibility of the customer to ensure proper packing and safe transit to a BuzzOptics facility.
International buyers may be required to pay for or compensate return shipping and/or transit, duties or other fees.
BuzzOptics tasks a third-party courier to deliver your order. Upon delivery, this courier may require a signature from someone over the age of 18 year of age; do not sign nor accept this shipment if: the container is severely damaged, the contents of the container are broken, defected, or otherwise harmed.
Although shipping damage is exceptionally rare, in the event damage arises from a mishandled shipment, contact BuzzOptics Support Team immediately with photographic evidence of said damage. Failure to do so may result in void of warranty and/or courier insurance claim.
SERIAL NUMBER DISCLOSURE
BuzzOptics purchases parts and various instruments from private parties, identifiable by serial number or other marking. These numbers may be traceable by original equipment manufacturers; BuzzOptics will never disclose identifiable marks to potential buyers or other parties. This data refusal policy ensures seller’s identities are protected, and that HIPAA Business Associate Agreements between sellers and BuzzOptics remain enforced.
INTELLECTUAL PROPERTY OWNERSHIP
BuzzOptics alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the BuzzOptics’ Application and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or Products. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the BuzzOptics Application or Products shall be owned solely and exclusively by BuzzOptics, and/or, as applicable, BuzzOptics’ third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to BuzzOptics any and all of your rights, title or interests in the BuzzOptics’ Application or Products or any modification to or derivative work of the Application or Products. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the BuzzOptics Application. Using our Application and/or Products does not give you ownership of any intellectual property rights in our Application or the content your access. You may not use content from our Application unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Application or Products. Don’t remove, obscure, or alter any legal notices displayed in or along with our Application.
This Agreement does not constitute a sale of any rights of ownership in or related to the Application, or any intellectual property rights owned by BuzzOptics or PUPIL. BuzzOptics’ and PUPIL’s name, logo and the product names and logos associated with the Application and Products are trademarks of PUPIL, Inc., its affiliated companies or third parties, and no right of license is granted to use them.
The materials on the Application are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Application for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
THE APPLICATION AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE APPLICATION IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
THE BUZZOPTICS’ APPLICATION, AND ITS PRODUCTS ARE INTENDED FOR AUTHORIZED, LICENSED USERS ONLY INCLUDING: OPTOMETRISTS, OPHTHALMOLOGISTS, OPTOMETRIC/OPHTHALMIC TECHNICIANS, OPTICIANS, THEIR STAFF, THEIR THRID PARTIES, AND OTHER AFFILIATED MEMBERS OF THE PRIOR. BUZZOPTICS’ MAY DECLINE SERVICE AND/OR SALE OF ANY PRODUCTS TO ANYONE.
We also do not warrant or guarantee that files that may be available for downloading through the BuzzOptic Application will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our third party providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application. Users of the BuzzOptic Application are responsible for maintaining a means external to the Application for the reconstruction of any lost data.
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE APPLICATION OR PRODUCTS, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE APPLICATION (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM BUZZOPTIC TECHNICIANS THAT YOU CONNECT WITH VIA THE BUZZOPTIC APPLICATION). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE APPLICATION OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE BUZZOPTIC APPLICATION IS TO STOP USING IT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL BUZZOPTICS OR PUPIL, INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE BUZZOPTIC APPLICATION OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE BUZZOPTIC APPLICATION, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF BUZZOPTICS FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF BUZZOPTICS WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE BUZZOPTIC’S PRODUCTS OR APPLICATION.
You agree to indemnify and hold harmless BuzzOptics, BuzzOptics’ affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the BuzzOptic Products or Applications, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed through the Services in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to 3070 Larimer Street, Suite 100-B, Denver, CO 80205, Attn: Copyright Agent, or by email to firstname.lastname@example.org. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Applications or Products; (3) your contact information, including your address, telephone number, and, if available, email address or other electronic address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters can be found elsewhere on our website or through the Application.
WAIVER OF JURY TRIAL
THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of any and all Disputes that may be filed in any court or other tribunal (including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims).
This Agreement, and the documents referenced in this Agreement, constitute the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Application. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, without regard to any conflicts of law provisions contained therein.
This Agreement is personal to you and you may not assign it to anyone. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the BuzzOptics’ Application or its Products or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.