Effective Date: 01/01/2025
Welcome to Xpress Eye Care. These Terms and Conditions govern your access to and use of our website, https://xpresseyecare.com, and all related online optometry and telehealth services (collectively, the “Services”).
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our Services.
1. Scope of Services
Xpress Eye Care provides online optometric consultations for non-emergency eye conditions, including but not limited to:
Dry eyes
Redness, itchiness, or irritation
Styes, infections, or inflammation
Prescription renewals and medication management
Our Services are intended to provide general optometric care, advice, and treatment recommendations within the scope of practice for licensed optometrists in California.
We do not provide emergency medical care. If you are experiencing sudden vision loss, severe pain, trauma, or any emergency condition, call 911 or go to the nearest emergency room immediately.
2. Eligibility
You must:
Be at least 18 years old (or have a legal guardian present during consultation).
Reside in a state where our licensed optometrists are authorized to provide telehealth services.
Provide accurate, complete, and current personal and medical information.
We reserve the right to deny or terminate services if false, misleading, or incomplete information is provided.
3. Not a Substitute for In-Person Examination
Our online consultations are conducted via telehealth technology and are not intended to replace an in-person eye exam or comprehensive vision evaluation. Certain conditions may require an in-office visit, diagnostic imaging, or referral to another provider.
We may, at our discretion, recommend an in-person evaluation if we determine that your condition cannot be appropriately addressed through telehealth.
4. Medical Disclaimer
Information provided through our website or consultations is for educational and medical guidance purposes only and should not be interpreted as definitive diagnosis or treatment for every patient.
No information on our website should be used to diagnose or treat a medical condition without the advice of a qualified healthcare provider.
You acknowledge that telehealth has inherent limitations, including lack of physical examination, and agree to assume responsibility for those limitations.
5. Prescription Policy
Prescriptions may only be issued when medically appropriate and at the discretion of the licensed optometrist.
We do not guarantee that a prescription will be provided during every consultation.
We reserve the right to deny or revoke prescriptions if misuse, fraud, or medical risk is suspected.
6. Telehealth Consent
By using our Services, you consent to receive care through telehealth, which may include:
Live video, audio, or electronic communication
Transmission of images, records, or health data
Electronic prescriptions and secure messaging
You acknowledge that:
Telehealth involves electronic transmission of personal health information.
There are potential risks to privacy and security inherent in any electronic system.
You may withdraw consent for telehealth at any time by notifying us in writing.
7. Fees, Payments, and Refunds
All payments for Services are due at the time of scheduling or as otherwise indicated on our website.
Payments are processed securely through third-party providers.
Because telehealth consultations involve time and professional expertise, fees are generally non-refundable, except in cases of system errors or cancellations made within the allowed timeframe stated during booking.
8. Intellectual Property
All content, including text, graphics, images, logos, videos, and software on https://xpresseyecare.com is the property of Xpress Eye Care or its licensors.
You may not copy, reproduce, distribute, or create derivative works without written permission.
Unauthorized use may result in civil and criminal penalties.
9. Limitation of Liability
To the fullest extent permitted by law, Xpress Eye Care, its providers, employees, and affiliates are not liable for:
Any indirect, incidental, special, or consequential damages;
Loss of data, income, or reputation;
Errors, delays, or service interruptions;
Outcomes resulting from inaccurate or incomplete patient information.
You agree that your sole remedy for dissatisfaction with our Services is to discontinue use.
10. No Guarantee of Outcomes
We make no guarantees regarding treatment results, visual improvement, or symptom resolution. Individual outcomes may vary depending on medical history, adherence to care instructions, and other factors beyond our control.
11. Indemnification
You agree to defend, indemnify, and hold harmless Xpress Eye Care, its providers, employees, affiliates, and contractors from any claims, damages, liabilities, costs, or expenses (including attorney fees) arising from:
Your use of our Services;
Your violation of these Terms;
Your misuse or misrepresentation of medical advice or prescriptions.
12. Third-Party Services
Our Services may integrate with or link to third-party platforms (such as payment processors, pharmacies, or telehealth tools).
We are not responsible for the privacy, accuracy, or practices of any third-party service providers.
13. Privacy and Data Protection
Your use of our Services is also governed by our Privacy Policy, which complies with HIPAA and applicable California privacy laws.
By using our Services, you acknowledge and consent to our collection, use, and disclosure of information as described therein.
14. Termination
We reserve the right to suspend or terminate your access to our Services at any time, for any reason, including but not limited to misuse, harassment, fraud, or noncompliance with these Terms.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Any dispute arising under these Terms shall be resolved through binding arbitration in California, except where prohibited by law.
Each party shall bear its own attorney fees and costs, unless otherwise required by statute.
16. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Changes to These Terms
We may update these Terms from time to time. Any changes will take effect immediately upon posting on this page. Continued use of our Services constitutes acceptance of the revised Terms.
18. Contact Information
If you have questions about these Terms, please contact us at:
Email: [email protected]