Terms of use

• Privacy Practices
  Federal, state, and certain international laws govern the confidentiality of medical information depending on who you are and your location. Please read our privacy policy for information about how Digiteyez collects, uses, and discloses information through the Site. We reserve the right to modify our privacy policy from time to time.
• No Medical Care or Advice by Digiteyez
  As an important note, Digiteyez is not a healthcare provider. Rather, Digiteyez offers an online digital eye exam for users. The sole purpose of the Site is to provide education, eye care services, or a limited eyeglass or contact lens prescription based upon information submitted and exam result analyzed. Your decision to use the Site, even in lieu of an in-person visit with a healthcare professional, is yours, and yours alone, to consider. Digiteyez does not provide medical advice or care. The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Digiteyez. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Digiteyez, or in connection with any communications supported by Digiteyez, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Digiteyez facilitates your eye exam, Digiteyez does not provide medical services, and any doctor-patient relationship is between you and your provider alone.
• Not for Emergencies
  IF YOU ARE EXPERIENCING A VISION OR OTHER MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. Digiteyez’s Site is not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
• Limited Use of Test Results
  Prescriptions are generated by the Clear Eye Test as a part of Digiteyez’s test program. Do NOT use or try to use the results you receive from the Clear Eye Test to obtain prescription contact lenses or eyeglasses.
• Availability of Site
  Digiteyez operates subject to various legal regulations, and the Site may not be available in your state or jurisdiction. You represent that you are not a person barred from enrolling for or receiving the services offered through the Site under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site is limited exclusively to users located in states and countries in which Digiteyez is conducting or offering its test program. Accessing the Site from jurisdictions where not permitted, or where we do not offer the Site, is prohibited.
• No Payments
  At this time, the Site is provided free of charge.
• Site Access, Security and Restrictions; Passwords
  In order to access the Site, you agree to fully, accurately, and truthfully create your Digiteyez Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Digiteyez ID and credentials. The Digiteyez ID and credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Digiteyez ID and credentials, and for all activities that occur under such Digiteyez ID or credentials. You agree to prohibit anyone else from using your Digiteyez ID or credentials and agree to immediately notify Digiteyez of any actual or suspected unauthorized use of your Digiteyez ID or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Digiteyez at any time with or without cause. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Digiteyez will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
• Electronic Communications
  By creating an Account, or when you use the Site, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Digiteyez may contact you by telephone, mail, or email to verify your Account information. Digiteyez may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site until you provide the information to us as requested.
• Consent to Receive Calls and Text Messages
  By providing your mobile number, you are agreeing to be contacted by or on behalf of Digiteyez at the mobile number you have provided, including calls and text messages, to receive informational, prescription or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Site. Message and data rates may apply. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about the Site.
• Ownership of the Site and Related Materials; Additional Restrictions
  All pages within this Site and any material made available for download are the property of Digiteyez, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. Subject to these Terms of Use, Digiteyez grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by Digiteyez or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site nor any part of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Digiteyez. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Digiteyez without express written consent. You may not use any meta tags or any other “hidden text” utilizing Digiteyez’s name or trademarks without the express written consent of Digiteyez. You may not misuse the Site. You may use the Site only as permitted by law.
• No Users Under 18 Years Old
  The Site is only for users who are at least 18 years old. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at support@cleareyetest.com.
• Accuracy of Information; Functionality
  Digiteyez makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, results from using the Site, or other content on the Site. Digiteyez reserves complete and sole discretion with respect to the operation of the Site. We may withdraw, suspend, or discontinue any functionality or feature of the Site. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers. We are not responsible for maintaining information arising from use of the Site. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site in accordance with our internal record retention and/or destruction policies.
• Links to Other Sites
  Digiteyez makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Digiteyez site, please understand that it is independent from Digiteyez, and that Digiteyez has no control over the content on that website. In addition, a link to a non-Digiteyez website does not mean that Digiteyez endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
• User Information
  If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Digiteyez that you have the legal right and authorization to provide all User Information to Digiteyez for use as set forth herein and required by Digiteyez. You agree not to: (i) access the Site in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Digiteyez; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Site; nor (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties. You agree to defend, indemnify, and hold harmless Digiteyez from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information or other Information you upload to or transmit through the Site or any breach of this Section 14.
• User Information
  If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Digiteyez that you have the legal right and authorization to provide all User Information to Digiteyez for use as set forth herein and required by Digiteyez. You agree not to: (i) access the Site in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Digiteyez; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Site; nor (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties. You agree to defend, indemnify, and hold harmless Digiteyez from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information or other Information you upload to or transmit through the Site or any breach of this Section 14.
• Intellectual Property
  With the exception of your electronic medical record and User Information, Digiteyez retains all right, title, and interest in and to the Site, and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Digiteyez (in that case, the license provider retains all right, title, and interest therein). The information available through the Site is the property of Digiteyez. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Digiteyez trademarks, service marks, and logos are strictly prohibited without the prior written permission of Digiteyez. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Digiteyez or the third party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
  
  Digiteyez may delete any Information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
• Disclaimer of Warranties
  DIGITEYEZ DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE LIKE THE CLEAR EYE TEST, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. DIGITEYEZ DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE TEST RESULTS OR OTHER INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. DIGITEYEZ DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS.
• Limitation of Liability Regarding Use of Site
  EXCEPT AS PROVIDED BY APPLICABLE LAW, AND WITHOUT LIMITATION: DIGITEYEZ AND ITS LICENSORS, AFFILIATES, AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, (COLLECTIVELY, “DIGITEYEZ PARTIES”) ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO RETAKE THE EYE TEST USING THE SITE AND CONTACT DIGITEYEZ. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF DIGITEYEZ TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED U.S. DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY THESE LIMITATIONS ON, AND DISCLAIMERS OF, LIABILITY.
• No Third Party Rights
  Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Digiteyez and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Digiteyez and its affiliates, nor shall any provision give any third parties any right of subrogation or action against you, Digiteyez and its affiliates.
• Assignment
  You may not assign, transfer, or delegate the Terms of Use or any part thereof without Digiteyez’s prior written consent. Digiteyez may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
• Release
  ‍To the fullest extent permitted by applicable law, you release Digiteyez and the Digiteyez Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a California resident, you hereby waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
• Dispute Resolution; Arbitration Agreement
  ‍Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with Digiteyez and limits the manner in which you can seek relief from us.
  
  We will try to work in good faith to resolve any issue you have with Site, including without limitation, prescriptions obtained using the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Digiteyez Parties agree that any Dispute arising out of or relating in any way to these Terms of Use or your use of the Site, including without limitation, prescriptions obtained using the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction, and you waive your and the Digiteyez Parties’ respective rights to a jury trial. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) governs the interpretation and enforcement of this provision, and that you and the Digiteyez Parties are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and the Digiteyez Parties.If you desire to assert a claim against the Digiteyez Parties, and you therefore elect to seek arbitration, you must first send to the Digiteyez Parties, by certified mail, a written notice of your claim (“Notice”). The Notice to the Digiteyez Parties should be addressed to: Digiteyez Corporation, 35 V ST NE, 20002 Washington DC (“Notice Address”). If the Digiteyez Parties desire to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Digiteyez, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If the Digiteyez Parties and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Digiteyez Parties may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Digiteyez or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after the Digiteyez Parties receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Digiteyez agree that any Dispute must be commenced or filed by you or Digiteyez within one year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Digiteyez will no longer have the right to assert such claim regarding the Dispute).The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of these Terms of Use, including, but not limited to, this arbitration agreement. Unless the Digiteyez Parties and you agree otherwise, any arbitration hearings will take place in Washington, DC. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including, but not limited to, the AAA rules regarding the selection of an arbitrator.) You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. If your Dispute is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Dispute exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of the Digiteyez Parties last written settlement offer made before an arbitrator was selected (or if the Digiteyez Parties did not make a settlement offer before an arbitrator was selected), then the Digiteyez Parties will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.As limited by the FAA, these Terms of Use and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section 22, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this Section 22, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.YOU AND THE DIGITEYEZ PARTIES AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Digiteyez Parties agree otherwise, the arbitrator may not consolidate more than one person’s Disputes with your Disputes, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms of Use by writing to: 35 V ST NE, 20002 Washington DC. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 23.If the arbitration terms and conditions of this Section 22 are found to be unenforceable (including in your applicable jurisdiction), then the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect (including the Dispute provisions in Section 23).
• Governing Law; Venue
  ‍These Terms of Use and our relationship with you will be governed by the laws of the State of New York, excluding its choice of laws rules. You and the Digiteyez Parties each irrevocably agrees that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis exclusively in the state or federal courts located in Washington, D.C. You and the Digiteyez Parties each irrevocably consent to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and the Digiteyez Parties agree that the Digiteyez Parties may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
• Force Majeure
  ‍We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, pandemics, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
• Indemnification
  ‍You agree to defend, indemnify, and hold harmless the Digiteyez Parties from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site or any information posted on the Site; (ii) your breach of the Terms of Use; (iii) the content or subject matter of any information you provide to Digiteyez or any customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
• Support; Functionality
  ‍All questions and requests relating to Site support must be directed to Digiteyez. To submit a support request, please email us at support@cleareyetest.com. Digiteyez will use commercially reasonable efforts to respond to questions and provide support during 9:00 a.m. ET through 5:00 p.m. ET. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
• Revisions; General
  ‍Digiteyez reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Digiteyez reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms of Use. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Digiteyez and you pertaining to the subject matter hereof. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. For purposes of these Terms of Use, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Use as a whole.
  
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How to contact us

Digiteyez Corporation
35 V ST NE, 20002 Washington DC
support@digiteyez.io