Terms of Service
Last Updated: April 24, 2025
Introduction
Welcome to Fabulous Optical. These Terms of Service ("Terms") govern your use of the Fabulous Optical website, services, and any related applications or platforms (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
Acceptance of Terms
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legal agreement between you and Fabulous Optical.
Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using our Services on behalf of a minor, you must be the parent or legal guardian of that minor and accept these Terms on their behalf.
Appointment Booking
Our website allows you to book appointments for eye care services at our locations. By booking an appointment, you agree to:
- Provide accurate and complete information
- Arrive on time for your scheduled appointment
- Provide at least 24 hours' notice if you need to cancel or reschedule
- Present valid identification and insurance information at the time of your appointment
When booking an appointment, you acknowledge that you will be required to provide personal and contact information, including your name, phone number, email address, and potentially health-related information. This information is necessary to provide you with appropriate eye care services. For more information on how we collect, use, and protect this information, please refer to our Privacy Policy.
We reserve the right to charge a cancellation fee for appointments canceled with less than 24 hours' notice or for missed appointments.
User Accounts
You may be required to create an account to access certain features of our Services. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your account credentials confidential
- Be responsible for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate your account if we suspect any unauthorized or fraudulent activity.
Products and Services
Fabulous Optical offers various eye care products and services, including but not limited to eye examinations, prescription eyewear, contact lenses, and accessories. All products and services are subject to availability.
Prices for our products and services are subject to change without notice. We reserve the right to modify or discontinue any product or service without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any product or service.
Prescriptions
Eye examinations conducted at Fabulous Optical may result in a prescription for corrective eyewear or contact lenses. Prescriptions are valid for the period specified by state law and the prescribing doctor. We cannot fill expired prescriptions.
You have the right to receive a copy of your prescription after your eye examination. You are not obligated to purchase eyewear or contact lenses from Fabulous Optical.
Insurance and Payment
We accept various insurance plans for eye care services and products. It is your responsibility to verify your insurance coverage before your appointment. We will make reasonable efforts to verify your insurance benefits, but this does not guarantee coverage.
Payment for services and products is due at the time they are provided or ordered. We accept various payment methods, including credit cards, debit cards, and cash.
Intellectual Property
All content on our website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Fabulous Optical or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit our website or any portion of it without our express written consent.
User Conduct
When using our Services, you agree not to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Use our Services for any unauthorized or illegal purpose
- Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature
- Interfere with or disrupt the integrity or performance of our Services
- Attempt to gain unauthorized access to our Services or related systems
- Harass, abuse, or harm another person
- Submit false or misleading information
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FABULOUS OPTICAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES
- ANY CONTENT OBTAINED FROM OUR SERVICES
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
Indemnification
You agree to indemnify, defend, and hold harmless Fabulous Optical and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York.
Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fabulous Optical regarding our Services and supersede all prior agreements and understandings.
Contact Us
If you have any questions about these Terms, please contact us at:
Fabulous Optical
Email: fabulousoptical200@gmail.com
Phone: +1 (212) 665-5051