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Terms & Conditions

Effective Date – April 1, 2020

Terms of Use

These PDS Consultants Inc, dba Gumption GlassesTerms of Use (these “Terms of Use”) apply when you access, use or visit our Website located at including subdomains (the “Site”, the “Website”), or the services we provide through the Site (the Site and these services constituting the “Service”, “Services”). The Service is provided to you by PDS Consultants Inc, dba Gumption Glasses(“Company,” “we,” “us” and “our”). We prepared these Terms of Use to help explain the terms that apply to your use of the Service. Do not use the services provided by this Site if you do not agree with all of the terms located within the “Terms of Use” or “Privacy Policy” located on our Website. BY UTILIZING THE WEBSITE OR THE SERVICES YOU ARE AFFIRMATIVELY ACKNOWLEDGING YOUR AGREEMENT TO THESE TERMS OF USE YOU ARE AGREEING TO THESE TERMS OF USE, WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY.

Notice Regarding Dispute Resolution and Your Right to Opt-Out: These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved (see Shipping and Returns Section 11). All claims must be resolved by binding arbitration. You agree to give up your right to go to court to assert or defend your rights under these terms. Your rights will be determined by a neutral party arbitrator and not a judge or jury. Your claims cannot be brought as a class action. You will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

    • We may modify these Terms of Use from time to time to accurately reflect developments in current law and our business operations. No notification other than the “Effective Date” at the top of this page will be provided. Terms of Use should be reviewed regularly. If you continue using the Service after the new terms take effect, you will be bound by the current Terms of Use.
    • In connection with your use of the Service, please review our Privacy Policy, located on our Website, to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
    • When you use the Service, you represent that:
      1. any information you submit is truthful and accurate;
      2. your use of the Service and your use of services available on the Service do not violate any applicable laws or regulations;
      3. you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Use.
    • User Registration.
      1. You can visit and browse the Service without becoming a registered user of the Service, but you will not be able to view pricing, place an order, view an order, track an order, save your favorites, save your recently viewed items or save your prescription information, unless you are a registered user of the Service. You can sign up to become a registered user of the Service by completing the registration process on our Website. If you sign up to become a registered user of the Service, you agree:
        1. to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”);
        2. to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) that you will comply with the rules governing Contributions in Section 8(A) below.
    • User Accounts.
      1. If you become a registered user of the Service, you will be required to create a user I.D. that will be associated with your user account. You may only create one user I.D. that will be associated with your user account. You may not:
        1. select or use as a user I.D. a name of another person with the intent to impersonate that person;
        2. use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or
        3. use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion.
      2. You will be responsible for maintaining the confidentiality of your user I.D. and password. The Company shall not be liable for any loss that you incur as a result of someone else using your user I.D. or password, either with or without your knowledge. You may be held liable for any losses incurred by the Company due to any unauthorized use of your user I.D. or password.