Last Updated: March 19, 2025
Welcome! Captify Glass, Inc., doing business as âCaptify Glass,â provides this site (https://captify.glass) (the âSiteâ), our mobile applications, and our existing and future retail locations as a service to our customers. References to âweâ or âusâ refer to Captify Glass. We refer to this Site, our mobile applications, our physical retail locations, and the services and content available through them as the âServices.â
Please read the following terms and conditions (âTermsâ) as they govern your use of the Services. By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, then you may not use the Services. Together with our Privacy Policy and any additional notices, these Terms provide rules and guidelines related to your use of the Services.
ARBITRATION AND DISPUTE RESOLUTION
ALL DISPUTES BETWEEN YOU AND CAPTIFY GLASS RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOU AGREE TO WAIVE YOUR RIGHT TO SUE IN COURT OR PARTICIPATE IN A CLASS ACTION, EXCEPT FOR MATTERS THAT MAY BE HEARD IN SMALL CLAIMS COURT. YOUR CLAIMS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. PLEASE SEE THE ARBITRATION SECTION BELOW FOR FURTHER DETAILS.
We may update the Terms at any time by posting the revised version on the Site and/or by other means of communication. Your continued use of the Services after we post updated Terms constitutes your acceptance of those changes. If you do not agree with the updated Terms, you must stop using the Services.
1. Prescription Validity and Verification
If you order prescription eyewear through our Services, you represent and warrant that:
(a) You have a valid, current prescription that was properly issued by a licensed eye care professional; and
(b) The prescription provided corresponds to the eyewear being purchased and has been worn successfully by you in the past.
By placing an order with Captify Glass, you confirm that your prescription is valid and nonâexpired. For your safety and to comply with applicable regulations, you may be asked to upload, fax, or email a copy of your prescription. Orders without proper prescription verification may be delayed or cancelled.
Note: If shipping within the USA, please allow a minimum of 8 hours for your eye care professional to verify your prescription, per applicable law. For Canadian or international orders, similar verification procedures apply.
2. Charges and Currency
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Pricing: The total charge to your credit card will be clearly shown at checkout and will include the total price of all items, applicable discounts, and any shipping, handling, or processing fees.
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Currency: Your card will be charged in the currency specified at checkout. If no currency is explicitly stated, the charge will be in U.S. dollars.
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Order Cancellation: We reserve the right to refuse or cancel any order and are not liable for any errors or omissions arising from pricing discrepancies, advertising errors, coupon or discount miscalculations, or incorrect shipping charges.
3. Membership and Eligibility
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Account Registration: To access certain features of our Services, you may be required to register and create an âAccount.â You agree to provide complete, accurate, and updated information during registration and at all times thereafter.
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Age Requirement: You must be at least 18 years old to create an Account and make purchases. If you are between 13 and 18 years old, you may use the Services only under the supervision of a parent or legal guardian who is at least 18 years old. Users under 13 are not permitted to use the Services, although their parent or legal guardian may place orders on their behalf.
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Account Security: You are solely responsible for all activity that occurs under your Account. You agree to keep your Account credentials confidential and to notify us immediately of any unauthorized use.
4. Privacy Policy
Our Privacy Policy details how we collect, use, and disclose your information. By using our Services, you consent to the practices described in the Privacy Policy. Please review it carefully, and contact us with any questions or concerns.
5. Payments
When you make a purchase through our Services, you authorize Captify Glass or its thirdâparty payment processor to charge your chosen payment method for your order (plus any applicable taxes and other charges).
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You are responsible for providing accurate billing information and ensuring timely payment of all fees.
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In transactions processed by a third party, their terms and conditions will apply to your payment.
6. Security
While we take reasonable measures to protect your data, transmitting information over the Internet and mobile networks is not 100% secure. Information such as financial details, prescription data, or other sensitive information sent to or from the Site may be subject to interception by third parties. By communicating such information, you do so at your own risk.
7. Customer Satisfaction
Captify Glass is committed to providing high-quality products and a positive customer experience. While we make every effort to accurately display our products, slight variations in style, color, size, shape, and appearance may occur. If you are not satisfied with your purchase, please refer to our Return Policy for instructions on returns, exchanges, or refunds.
8. Referral Program
Registered Captify Glass customers may be eligible to receive referral credits when sharing their personalized referral link with others. To qualify for the credit:
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The referred customer must click your unique referral link, register for an Account, and complete their first purchase.
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Referral credits are granted as store credit to your Account after the referred customerâs order has shipped in full.
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Credits are non-transferable. We reserve the right to modify or terminate the referral program at any time and may review, adjust, or revoke referral credits for behavior we deem abusive or fraudulent.
9. Content
(a) Our Content
All visuals, text, audio, and video clips on the Site (âContentâ) are protected by copyright and other intellectual property laws and are owned by or licensed to Captify Glass. Subject to these Terms, we grant you a limited, nonâexclusive, nonâtransferable license to access and view the Content solely for your personal, nonâcommercial use.
(b) User Content
âUser Contentâ includes any text, graphics, images, or other materials you post or otherwise make available via the Services. By submitting User Content, you grant Captify Glass a nonâexclusive, worldwide, royaltyâfree, transferable license (with the right to sublicense) to use, copy, modify, create derivative works from, distribute, publicly display, and publicly perform such content for any purpose. You represent that you own or control all rights to your User Content and that its use does not infringe on any third-party rights.
(c) Tagged Media
If you share photos or videos on social media using Captify Glassâs branded hashtags or by tagging our official social media accounts, you acknowledge that such Tagged Media may be used by Captify Glass in our marketing materials, websites, or retail locations. By doing so, you grant us permission to use your name or social media handle for identification and promotional purposes, even after your Account is terminated.
(d) DMCA/Copyright Policy
Captify Glass respects copyright law and expects its users to do the same. We reserve the right to suspend or terminate Accounts of users who repeatedly infringe on the intellectual property rights of others. If you believe that your copyright has been infringed by content on our Services, please contact us with the relevant details.
10. Acceptable Use of the Services
To ensure a positive experience for all users, you agree not to:
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Post or transmit any Content that infringes on the rights of others, is illegal, fraudulent, false, misleading, defamatory, obscene, or otherwise objectionable.
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Use or modify any element of the Services (including Captify Glassâs trademarks or proprietary content) without our express written consent.
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Access or download any Content using automated tools (e.g., bots, scrapers) beyond what is provided through standard web browsers.
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Send unsolicited or unauthorized advertising or spam.
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Use the Services for any commercial purpose not expressly permitted by these Terms.
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Interfere with the operation or security of the Services or attempt to gain unauthorized access to any related systems.
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Collect or store personally identifiable information from other users without their consent.
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Impersonate any person or misrepresent your affiliation with any entity.
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Encourage or facilitate any activity that violates these Terms or applicable law.
We reserve the right to remove or disable access to any Content or features of the Services that, in our sole discretion, violate these Terms.
11. Correction of Site Errors
The information on the Site may contain typographical errors or inaccuracies regarding product information, pricing, and availability. Captify Glass reserves the right to update or correct any errors and to cancel any orders placed based on such inaccuracies. We apologize for any inconvenience this may cause.
12. Indemnity
You agree to indemnify, defend, and hold harmless Captify Glass, its officers, directors, agents, subsidiaries, joint ventures, and employees from any claims, damages, losses, expenses, or costs (including reasonable legal fees) arising from:
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Your violation of these Terms;
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Your use of the Services;
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Any activity related to your Account, whether negligent or intentional.
13. Gift Cards
Gift cards sold through Captify Glass (both physical and digital) are redeemable only if purchased directly from Captify Glass. We are not responsible for gift cards obtained through third-party resellers. Captify Glass reserves the right to refuse, cancel, or hold gift cards or orders if suspected fraud, errors in denomination, or other policy violations occur.
14. Third-Party Links
The Services may include links to third-party websites or resources for your convenience. Captify Glass is not responsible for the content, products, or services offered by these third parties. Your use of any linked site is at your own risk and subject to that siteâs terms and policies.
15. Termination
Captify Glass may terminate or suspend your access to the Services at its sole discretion, without notice, for conduct that violates these Terms or harms other users or our business. You may disable your Account by contacting us. Upon termination, your obligations under these Terms will continue.
16. DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED âAS ISâ WITHOUT ANY WARRANTY, WHETHER EXPRESS OR IMPLIED. CAPTIFY GLASS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL CAPTIFY GLASS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, OR THE COST OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE LEGAL THEORY (INCLUDING WARRANTY, CONTRACT, TORT, OR OTHERWISE), EVEN IF CAPTIFY GLASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF NO PAYMENT HAS BEEN MADE BY YOU TO CAPTIFY GLASS, THE TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL TO THE BASIS OF THE BARGAIN BETWEEN YOU AND CAPTIFY GLASS.
18. Dispute Resolution
We are committed to resolving disputes amicably. However, if a disagreement arises regarding these Terms or your use of the Services, you agree that such disputes (each, a âClaimâ) will be resolved by binding arbitration on an individual basis, except that:
(a) Claims eligible for small claims court may be brought there; and
(b) Either party may seek injunctive relief in court for infringement or misuse of intellectual property rights.
19. Governing Law
These Terms and any disputes related to them shall be governed by the laws of the jurisdiction in which Captify Glass operates, without regard to its conflict of laws principles.
20. Entire Agreement
These Terms constitute the entire agreement between you and Captify Glass regarding the Services and supersede any prior agreements or understandings, whether written or oral. No assignment or transfer of these Terms is permitted without our prior written consent, except that Captify Glass may assign these Terms freely.
21. Consent to Electronic Communications
By using the Services, you consent to receiving electronic communications from Captify Glass. These communications will satisfy any legal requirement that such notices be in writing. For further details, please review our Privacy Policy.
22. Waiver of Rights
Any failure by Captify Glass to enforce a right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver is only effective if made in writing and signed by an authorized representative of Captify Glass. The exercise of any remedy under these Terms does not preclude the use of any other remedy.
23. Questions
If you have any questions about these Terms or the Services, please contact us at:
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Email: support@captify.glass
