Terms of service
OVERVIEW
This website is operated by Dry Eye Rescue, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Dry Eye Rescue, LLC. Dry Eye Rescue offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction.
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or outdated. The material is provided for general information and should not be relied upon as the sole basis for decisions without consulting primary sources. Any reliance is at your own risk.
We reserve the right to modify the contents of this site at any time, but have no obligation to update any information.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service without notice at any time. We shall not be liable for any such modifications.
SECTION 5 – PRODUCTS OR SERVICES
Some products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange according to our Refund Policy.
We make every effort to display product colors and images accurately, but cannot guarantee your monitor's display accuracy.
We reserve the right to limit sales to any person, region, or jurisdiction and may exercise this on a case-by-case basis. Descriptions and pricing are subject to change without notice. We may discontinue any product at any time.
We do not warrant that any products or services will meet your expectations or that errors will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household, or per order.
You agree to provide current, complete, and accurate purchase and account information, and promptly update it to allow us to complete transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools which we do not monitor or control. You agree that we provide access to these tools “as is” without warranties or liability.
Use of these tools is at your own risk and you should ensure that you understand the terms provided by third-party providers.
SECTION 8 – THIRD-PARTY LINKS
Some content or products may include materials from third-parties. Third-party links may direct you to external sites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability for third-party materials or websites.
Please review third-party policies before engaging in any transaction.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send creative ideas, suggestions, proposals, or other materials, you agree that we may edit, copy, publish, distribute, and otherwise use them in any medium. We are not obligated to maintain any submission in confidence or compensate you.
We may monitor, edit, or remove content we deem unlawful, offensive, or otherwise inappropriate. You agree that your submissions will not violate any third-party rights or contain any harmful material.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be errors in descriptions, pricing, promotions, and availability. We reserve the right to correct these at any time without notice, including after an order is placed.
We have no obligation to update information except as required by law.
SECTION 12 – PROHIBITED USES
You are prohibited from using the site or its content for any unlawful or prohibited purpose. This includes violating laws, infringing intellectual property, transmitting viruses, collecting personal data, and interfering with security features. We reserve the right to terminate use for any violations.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, timely, or error-free use of the service.
The service and products are provided "as is" and "as available", without warranties of any kind. We are not liable for any direct, indirect, incidental, punitive, or consequential damages arising from use of the service or any products, even if advised of the possibility.
In jurisdictions where such limitations are not allowed, our liability will be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless Dry Eye Rescue, LLC and its affiliates, officers, agents, contractors, and employees from any claim arising from your breach of these Terms or violation of law or third-party rights.
SECTION 15 – SEVERABILITY
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain valid and enforceable.
SECTION 16 – TERMINATION
These Terms are effective unless terminated by you or us. You may terminate at any time by notifying us you no longer wish to use our Services.
If we believe you have violated any term, we may terminate your access immediately.
SECTION 17 – ENTIRE AGREEMENT
These Terms and any related policies posted by us constitute the entire agreement between you and us and govern your use of the Service.
SECTION 18 – GOVERNING LAW
These Terms shall be governed by the laws of the United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page. We reserve the right to update these Terms at any time. Continued use of the site constitutes acceptance of the changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Support@DryEyeRescue.com
Dry Eye Rescue, LLC
1200 S Rogers Circle #16, Boca Raton, FL 33487
844-202-5176
SECTION 21 – DOCTOR AFFILIATE PROGRAM
Dry Eye Rescue, LLC operates a fulfillment and marketing platform to support independent eye care professionals. Customers may arrive at this site via a referral code, direct link, or communication (e.g., email, text) from their eye doctor.
If a purchase is made using a doctor’s referral code or link, the referring doctor may receive a fixed marketing and fulfillment fee equal to 15% of the net revenue from the transaction.
This fee:
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Is not related to any clinical service, prescription writing, or referral volume;
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Does not involve or require any exchange of protected health information (PHI);
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Is structured in compliance with FTC marketing guidelines and does not conflict with federal anti-kickback statutes.
This is strictly a marketing support arrangement, optional for all parties, and patients may purchase without using a referral.
SECTION 22 — SMS AND MOBILE MESSAGING TERMS
Program Description
DryEye Rescue ("we," "us," or "our") provides the GetWell messaging program (the "Program"), a mobile messaging service enabling patients to receive SMS messages from their healthcare provider with links to over-the-counter eye care products. Messages may also include treatment reminders or re-order prompts as directed by the participating provider.
Opt-Out Procedure
You may opt out of the Program at any time by replying "STOP" to any message. Upon receipt of your STOP request, we will confirm your unsubscription by SMS. You will not receive further messages unless you re-enroll through your provider.
Support Instructions
For assistance with the Program, reply "HELP" to any message or email us at support@dryeyerescue.com.
Carrier Disclaimers
Wireless carriers are not responsible for delayed or undelivered messages. Message and data rates may apply. Message frequency may vary depending on the provider's configuration.
Privacy Policy
Your participation in the Program is subject to our Privacy Policy.
SMS/MMS MOBILE MESSAGE MARKETING TERMS AND CONDITIONS
1. User Consent
By enrolling in the Program via online forms or any opt-in method, you agree to receive autodialed or prerecorded SMS/MMS messages. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency may vary.
2. Opt-Out Protocol
To discontinue participation, text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. You may receive one final confirmation message. Altered formats will not be recognized. Verbal opt-outs are invalid.
3. Scope of Messages
Messages may concern product marketing, promotions, checkout reminders, payment updates, and delivery notifications.
4. Frequency and Charges
Messages are recurring and may vary in frequency. Standard message and data rates apply.
5. Customer Support
Reply HELP or email orders@dryeyerescue.com for support. Email is not a valid opt-out method.
6. MMS Limitations
If your device does not support MMS, the Program may default to SMS-only messaging.
7. Warranty Disclaimer
Messages are provided "as-is." We are not liable for delays, transmission failures, or carrier issues beyond our control.
8. Participation Requirements
You must have a two-way SMS-capable device and active wireless service with a participating carrier.
9. Age Restrictions
You must be at least 13 years old to use the Program. Users aged 13–18 must have parental or guardian consent.
10. Prohibited Content
- Harassment or threats
- Obscene, violent, or discriminatory content
- Malware, pirated software, or viruses
- Unlawful products or services
- Protected health information (HIPAA/HITECH)
- Any content prohibited by law
11. Dispute Resolution
All disputes shall be resolved via binding arbitration in Boca Raton, FL under the AAA Commercial Rules. No class actions permitted. This clause survives termination.
12. Florida Law Compliance
Florida residents are presumed based on area code or shipping address. Responsive messages are not considered sales calls under Florida Statutes Section 501.
13. Miscellaneous
You warrant full authority to accept these Terms. Invalid provisions do not affect the remainder. Updates will be communicated and continued participation signifies acceptance. See full Messaging Terms and Messaging Privacy Policy.
MEDICAL ADVICE DISCLAIMER
DISCLAIMER: NO MEDICAL ADVICE PROVIDED
The content on this Site is for informational purposes only and does not constitute medical advice. Always consult a qualified healthcare provider for diagnosis or treatment. Never delay or disregard medical advice due to website content.
