California Transparency in Supply Chains Act

Storyhenge is committed to making sure that working conditions throughout our supply chain are safe and that employees are treated with dignity. We require that our products comply with all applicable local and international laws, including laws related to labor, human rights, public health, and workplace safety.

Research by the International Labor Organization shows that there are nearly 21 million victims of forced labor around the world, and that women and children are particularly vulnerable to this type of abuse. This issue is not new, but legislation in California has given companies like ours an opportunity to explain how they address the risk of human rights violations in their supply chains. Our disclosure for the California Transparency in Supply Chains Act (SB657) outlines the steps we’re taking to make sure that all our direct suppliers (i.e., the manufacturers who take raw materials and turn them into Storyhenge products) meet internationally recognized labor standards and also adhere to our own Vendor Code of Conduct.

These steps include:

1. Verifying our supply chain to evaluate and address the risk of human trafficking and slavery

Our efforts to make sure that our supply chain is free of human trafficking and slavery begin with thoroughly mapping out our direct suppliers, and the secondary suppliers with whom they work. We then regularly work with independent organizations and other brands to assess the risk of forced labor throughout our supply chain (looking at various factors such as each supplier’s location and employee demographics) and tailor our efforts to prevent it accordingly.

Our primary safeguard against human trafficking is simple: We work only with manufacturing partners who share our commitment to ethical labor practices. Compliance with our Vendor Code of Conduct is a non-negotiable precondition to start and maintain any direct business relationship with us. The Code, which you can read below, outlines our requirements for the fair treatment and compensation of all workers, and expressly prohibits specific abusive labor practices. We work with the independent fair-labor monitoring group Verité to ensure that these standards are being met, and members of our own Supply Chain, Social Innovation, and Design teams regularly visit our suppliers’ factories to supplement Verité’s work.

2. Auditing our direct suppliers on a regular basis

To ensure that our vendors uphold the requirements set out in our Code of Conduct, we partner with Verité to regularly audit our direct suppliers’ facilities. These scheduled audits are an opportunity for us to strengthen our relationship with vendors throughout our supply chain and work together on preventing any substandard work conditions. We audit all of our direct suppliers’ factories at least once a year, and each audit is conducted over two or more days, depending on the size of the facility. During an audit and any follow-up visits, Verité’s independent auditors meet with the management of each facility, tour every part of the site, review any pertinent documents, and interview employees at all levels of the organization. These audits give us a clear and comprehensive picture of employees’ working conditions and allow us to hold our direct suppliers accountable to the specific labor standards outlined in our Vendor Code of Conduct.

3. Certifying that the raw materials used by our suppliers have not been produced with forced labor

Our Vendor Code of Conduct applies to all of our direct suppliers. Of course, these suppliers have their own suppliers, who provide them with the various materials and components needed to manufacture our products. As an added safeguard against the threat of human trafficking and slavery, we audit many of those suppliers as well. This allows us to know whom those suppliers employ and to ensure that they’re also being employed per the labor standards set out in our Code of Conduct.

To maintain a complete picture of our supply chain and the labor involved in it, we have a zero-tolerance policy toward unapproved subcontractors, facilities, and homework, and we do not work with vendors who are not transparent and cooperative on the matter. Every one of our direct suppliers must be able to prove that its supply chain and all the materials incorporated into our products comply with national and international laws prohibiting slavery and human trafficking. And whenever there’s a difference between the requirements of local law, international law, and our Vendor Code of Conduct, the most stringent standard always applies.

4. Holding ourselves and our suppliers accountable

Our policy against forced labor is one of zero tolerance. If one of our suppliers were found to be complicit in any form of forced labor whatsoever, we would require the supplier to address and correct the problem immediately, and we would launch an extensive investigation into the issue.

We reserve the right to terminate our business relationship with any supplier who violates these terms.

5. Training and education

To further protect the integrity of our supply chain and the safety of the people working in it, we make a concerted effort to educate our vendors, auditors, and internal teams on the realities of human trafficking and modern-day slavery. We also regularly engage with industry organizations and other companies to stay abreast of the latest developments and regulations surrounding the issue. This makes everyone involved in our supply chain better able to identify and effectively address any potential infractions.

Our Vendor Code of Conduct

Below, in full, is the Code of Conduct that we require all of our direct suppliers to comply with. Every expectation outlined in it is intended to make sure that employees are treated fairly, provided a safe work environment, and legally compensated for their work.

Vendor Code of Conduct

Storyhenge has established the general principles below, which represent our minimum expectations and serve only as a starting point for our direct suppliers to evaluate their practices and working conditions, and those of any subcontractors. Failure to do so may result in Storyhenge’s suspension of all production and the termination of any business relationship.

Child Labor

Factories will not employ anyone under the age of 15, and/or younger than the age of completing compulsory education, or under the minimum age for employment established by applicable laws in the countries of manufacture, if higher than the age of 15. Furthermore, factories of any kind will not expose anyone under the age of 18 to a working environment that is hazardous, unsafe, or unhealthy, and will provide necessary and adequate health checks and personal protection to juvenile workers as per law.

Forced Labor

Storyhenge will not conduct business with any factory that uses involuntary labor of any kind—including prison labor, indentured labor, bonded labor, or labor obtained through human trafficking or slavery. Upon commencing employment with a factory, employees shall not be required to lodge “deposits” in any forms, or personal identity documents unless it is required by law.

Discrimination

Storyhenge firmly believes people are entitled to equal opportunity in employment. Although the company recognizes cultural differences exist, Storyhenge will not pursue business relationships with factories who discriminate in employment, including hiring, salary, benefits, advancement, discipline, termination, or retirement on the basis of gender, race, religion, age, disability, sexual orientation, nationality, marital or maternity status, work or personal affiliations, political opinion, or social or ethnic origin.

Harassment and Abuse

Storyhenge expects our factories to treat every employee with respect and dignity. No employee will be subject to any physical, sexual, psychological, or verbal harassment or abuse. Factories will not use monetary fines as a disciplinary practice. Furthermore, workers must be free to voice their concerns to Storyhenge or Storyhenge-appointed staff without fear of retaliation by factory management.

Wages and Benefits

Factories shall set wages, overtime pay and legally mandated benefits and allowances in compliance with all applicable laws. Workers shall be paid at least the minimum legal wage or a wage that meets local industry standards, whichever is greater.

Working Hours/Overtime

While permitting flexibility in scheduling, we will identify local legal limits on work hours and seek factories that do not exceed them. Working time should not exceed 60 hours per week, including overtime, or legal limits set by applicable local law, whichever is lower except in emergency or unusual situations. Employees should be allowed at least one day off in every seven days.

Housing

In the event that dormitory housing and meals are provided as a part of the employment agreement, all housing and sanitation conditions must comply with the applicable laws and regulations. Each dormitory resident is to be provided a locker where he/she can store his/her personal belongings with necessary privacy. Dormitory quarters are to be segregated by gender. Sufficient toilet and washing facilities segregated by gender are to be provided.

Freedom of Association

Each factory must allow employees to associate with, form, and join employees' organizations of their choosing, bargain collectively and seek adequate representation.

Subcontracting

Each factory must receive Storyhenge’s prior written approval in each instance for use of subcontractors and ensure that all of its subcontractors comply with this Code of Conduct. Subcontractors are subject to the same oversight, inspection, and auditing as factories. Each factory must keep an account of all records concerning any violations of this Code of Conduct by its subcontractors. No homework is allowed to be assigned to employees unless agreed upon by Storyhenge.

Local Laws

It is essential that each factory abide by all local laws in all aspects of their operations. In the event that there is a conflict between any local law and this Code of Conduct, the factory must abide by whichever rules are more protective for the employees and environment.

Employee Feedback

Each factory is required to develop a process to obtain continuous employee feedback concerning the implementation of this Code of Conduct in order to cooperatively develop and document best practices. This feedback system must include a fair, transparent, and anonymous method of reporting any observed violation of this code by any employees.

Health and Safety

Storyhenge seeks factories which provide written standards for safe and healthy work environments for their workers, including adequate facilities and protections from exposure to hazardous conditions or materials. These provisions must include safe and healthy conditions for dormitories and residential facilities, and they must comply with local health and safety laws and standards.

Environment

Factories must demonstrate a regard for the environment, as well as compliance with applicable environmental laws. Further, Storyhenge actively seeks factories that demonstrate a commitment to progressive environmental practices and to preserving the earth’s resources.

Bribery

Storyhenge expects its factories to have programs, policies, and training in place to comply with its local and/or applicable international or United States anti-bribery regulations, including without limitation the Foreign Corruption Practices Act (FCPA), and to prevent payments made for the purpose of obtaining or retaining business.

 

 

Notice of Privacy Practices

Effective Date: April 30, 2024

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Storyhenge takes the confidentiality of your health information very seriously. We are required by law to provide you with this Notice of Privacy Practices (“Notice”) and follow the terms of this Notice while it is in effect. This Notice is intended to cover Storyhenge Inc., which does business as Storyhenge, as health care provider covered by HIPAA (“Storyhenge”), and its affiliate eye practices as health care providers covered by HIPAA (“We,” “Us,” or “Our”). Although these affiliate eye practices are separate corporations from Storyhenge, We may work together to provide you with Services.

This Notice is a summary of your privacy rights, and your use of Our Services evidences your acceptance of the terms of this Notice. “Services” means any of the services Storyhenge or We offer, including eye exams, refraction testing through our Prescription Check mobile application and/or in-store service (collectively, “Prescription Check”), and the prescribing and dispensing of prescription eyeglasses. Storyhenge also operates the website olabyalo.com, an e-commerce mobile application, and other related websites and mobile applications that contain links to this Notice. In this Notice, “health information”, “protected health information”, and “PHI” refer to individually identifiable health information that We obtain from you in connection with the Services. Individual information that We receive from you which is not covered by HIPAA is covered by Our Terms of Use and Privacy Policy.

1. Our use and Disclosure of PHI

Generally, We use and disclose your PHI for the normal business activities that fall in the categories of treatment, payment, and healthcare operations, in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Below are a few examples of those activities (but note that not every use or disclosure that falls within each category is included!).

Treatment. Treatment includes providing, coordinating, and managing your care. We keep record of the PHI you provide to us in the course of using the Services. This record may include the results of your eye exam, information We receive in connection with your use of Prescription Check, your prescription information, the prescription products that you purchase, information related to your vision insurance plan, and other information We learn about your health or vision through our provision of the Services. We may disclose this information so that doctors, nurses, other optical dispensers, and other entities like laboratories can meet your healthcare needs.

Payment. Payment includes billing, coverage, and claims activities. We document the Services that you receive when We provide care to you so that you (or, if applicable, your vision insurance plan or another third party) can pay Us for the Services. If applicable, We may share information with your vision insurance plan about upcoming treatment or Services that require prior approval by the plan.

Healthcare Operations. We use PHI to improve the Services and train staff, and for case management, care coordination, business management, quality improvement, performance evaluation, marketing activities permitted under HIPAA, customer service activities, and other internal business purposes.

Consistent with HIPAA, We may also use or disclose your PHI to:

• Comply with requirements of federal, state, or local laws
• Assist in public health and safety activities, such as tracking diseases or medical devices
• Inform authorities in order to protect victims of abuse, neglect, or domestic violence
• Comply with federal and state health oversight activities, audits, inspections and investigations
• Respond to law enforcement officials, report crimes or emergencies, or pursuant to judicial or administrative orders, subpoenas, or other lawful process (such as lawsuits or legal actions)
• Work with coroners, medical examiners, and funeral directors of information necessary for them to fulfill their duties or as authorized by law
• Facilitate organ, eye, or tissue donation or procurement
• Conduct research or research-related purposes (following internal review protocols to balance privacy and research needs)
• Prevent or reduce a serious threat to anyone’s health or safety
• Assist in specialized government functions, such as national security, intelligence, and protective services
• Perform military and veteran activities, if you are an armed forces member or veteran
• Inform a correctional institution or in custodial situations, such as if you are an inmate
• Serve workers’ compensation purposes, such as to carriers or your employer if you are injured at work, as authorized by and as necessary to comply with relevant laws
• Tell you about health-related products and services
• Tell you about alternative treatments, therapies, health care providers, or care settings
• Conduct case management, care coordination, or related functions
• Send appointment confirmations and reminders
• Communicate with individuals, such as friends and family, who are involved in your care or involved in the payment for that care
• Communicate for notice or disaster relief purposes, included regarding decedents
• Communicate within Our organization for treatment, payment, or healthcare operations.
• Communicate with other providers, health plans, or their related entities for their treatment, payment, or healthcare operations activities
• Provide services to affiliated eye practices to assist them in providing Services to you
• Provide information to other third parties with whom We do business in order to allow those third parties to provide services to Us or on Our behalf (Don’t worry—in these situations, We require third parties to provide Us with assurances that they will safeguard your PHI.)

Any other uses or disclosures not set forth in this Notice may only be performed with your written permission. Consistent with HIPAA, We will also obtain your written permission (also called an “authorization”) before We use or disclose your PHI for purposes which require an authorization, such as for certain types of marketing or sale of PHI. You may revoke your permission, in writing, at any time. If you do so, We will no longer use or disclose your PHI for the reasons covered by your written permission, but note that We are unable to take back any disclosures We have already made with your permission, and that We are required to retain Our records of the care that We’ve provided to you.

2. Our Responsibilities with Respect to your PHI

We're required by HIPAA to:

• Maintain the privacy and security of your PHI
• Provide this Notice setting forth Our legal duties and privacy practices regarding PHI
• Abide by the terms of the version of this Notice currently in effect
• Tell you if there has been a security breach that compromises the privacy or security of your PHI

Please note that some states have laws that may require that we apply extra protections to some of your health information.

3. Your HIPAA Rights with Respect to your PHI

You have the following rights with respect to your PHI maintained by Us.

• Inspect and copy. You have the right to ask to inspect and copy certain portions of your PHI, whether electronic or in paper. We may, in certain limited circumstances, deny your request to inspect or copy your PHI. If We do so, We will inform you of the reason for the denial. We will provide a copy or a summary of your PHI, usually within 30 days of receiving your request. We may charge a reasonable fee.
• Amend. You have the right to ask Us to amend your PHI if you feel that it is incorrect or incomplete. We may, in certain limited circumstances, deny your request to amend your PHI. If We do so, we will tell you why in writing within 60 days and about your right to submit a statement of disagreement for inclusion in your records.
• Accounting of disclosures. You have the right to request a list (an accounting) of Our disclosures of your PHI made over the past six years, who We shared your PHI with, and why. This right does not apply to disclosures made for treatment, payment, or healthcare operations; disclosures made to you about your treatment; disclosures made pursuant to an authorization (disclosures you asked Us to make); and certain other disclosures. We’ll provide one accounting a year for free but will charge a reasonable cost-based fee if you ask for another one within 12 months.
• Restrictions on disclosure. You have the right to request restrictions on how We use or disclose your PHI for treatment, payment or Our operations. We’re not required to comply with such requests, and We may say “no” if it would affect your care. If you pay for a Service or health care item out of pocket in full, you can ask Us not to share that information for the purpose of payment or Our operations with your health insurer. We will say “yes” unless a law requires us to share that information, such as in certain emergency situations.
• Confidential Communication. You have the right to request that we communicate with you in a specific way, such as at a specific telephone number, or to send mail to a different address. We will say “yes” to all reasonable requests.
• Paper copy. You have the right to obtain a paper copy of this Notice at any time (even if you’re currently reading it electronically!). We will provide you with a paper copy promptly.
• Choose someone to act for you. If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your HIPAA rights and make choices about your PHI. We will make sure the person has this authority and can act for you before We take any action.

4. Changes to this Notice

We occasionally review this Notice to make sure it complies with applicable laws and conforms to changes in Our business. We may need to update this Notice, and we reserve the right to do so at any time. If We change the terms of this Notice, the new terms will apply to all PHI that We maintain about you, including PHI that was created or received before such changes were made. We will post the new Notice on Our websites and mobile applications, and will update the “Effective Date” at the top of this page so you can tell if it has changed since your last visit. We will make the new Notice available upon request. Your continued use of the Services constitutes your acceptance of the terms of such revised Notice.

5. Complaints

If you believe that your privacy rights have been violated or that We have not followed Our obligations under HIPAA, you may file a complaint with Us and with the Secretary of Health and Human Services. We will not retaliate against you or penalize you for filing any such complaint.

To file a complaint with us, email youthdrum@storyhenge.com.

6. Contacting Storyhenge

To exercise any of your rights set forth in this Notice, or for more information about Our privacy practices, email youthdrum@storyhenge.com.

 

Privacy Policy

Effective Date: April 30, 2024

At Storyhenge, we’re all about helping you see things a little more clearly. And we believe that you have a right to know what information We collect from you. So we’ve created this Privacy Policy (“Policy”) to let you know what to expect when you interact with Storyhenge Inc., which does business as Storyhenge (“Storyhenge,” “We,” “Us,” or “Our”), and any of Our affiliates, including Eye Doctors (defined below) and their practices, such as Walnut Vision Care, to which We may provide certain administrative or management services (“Affiliates”). This Policy applies to your use of Our retail locations; any of Our websites, website features, and mobile applications (each, an “App”).

We operate a mobile application and related website (the “Virtual Vision Test app”, formerly known as our Prescription Check app) and retail store service and related website (“In-Store Prescription Check” and, together with the Virtual Vision Test app, “Virtual Vision Test”) that you may use for the purpose of performing a vision test that may allow you to update your eyewear prescription. This Privacy Policy applies to your use of Virtual Vision Test. Collectively the retail locations, Our websites and Apps, Our Affiliates that display or contain a link to this Privacy Policy, and Virtual Vision Test are referred to in this Privacy Policy as the “Services”.

Your use of Virtual Vision Test is subject to our Virtual Vision Test Terms of Use. Your use of all other Services is subject to our Terms of Use. Our use of any individually identifiable health information you provide is subject to the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). In addition to this Privacy Policy, our Notice of Privacy Practices will apply to such information.

For additional details about the personal information we collect and the rights afforded to California residents under the California Consumer Privacy Act, please scroll to Section 8.

This Privacy Policy does not apply to information collected or received through other means, use and sharing of anonymous or deidentified data, or information collected by third party websites (“Third Party Services”), such as Facebook, Twitter, Pinterest, Instagram, Snapchat, and Google+, that We do not own or control, even if you access them through Our Services. We encourage you to carefully review the privacy policies of any Third Party Services you access so that you know how they will collect, use, and share your information.

Finally, some of the licensed optometrists and ophthalmologists (“Eye Doctors”) who perform medical services at Our locations are independent businessmen and women with their own practices (“Independent Practices”). This Privacy Policy does not apply to Independent Practices or to websites or mobile apps they operate. Please review the Independent Practices’ privacy notices for information on how they use customer information.

For additional details about the personal information We collect and the rights afforded to California residents, please see Your California Privacy Rights.

From time to time, We may clarify, revise, or update this Policy. This may include making changes to the way We collect, maintain, and store information. If We make any changes to this Policy, We will revise the date at the top of the Policy. Changes to this Policy will become effective once they are posted.

1. What Information Storyhenge Collects

We collect different types of information for Our business purposes from the following sources:

Information you provide us. We collect information that you provide to Us through the Services and other communications. We may also collect information from entities you have requested or authorized to provide information to Us in connection with Our Services. For example:

• When you create an account with Us, you provide your first and last name, email address, and password.
• You may provide Us with information when you use certain online features, such as Home Try-On or when you book an eye exam. This information may include (i) your first and last name; email address; phone number; home, physical, or shipping address; and date of birth; (ii) information about the products you try on and purchase; (iii) information about other people, such as when you direct Us to send a gift card; or (iv) any other identifiers that may permit the physical or online contacting of a specific person. To the extent the information you provide is related to your health care status, including the provision of or payment for health care services, such information will be considered Protected Health Information and covered by Our Notice of Privacy Practices.
• When you make a purchase, We may request information from you to facilitate the transaction and get you the goods you requested. We may ask you to provide payment information, which may include payment card information (such as credit card number, type, and expiration date), vision insurance plan information, billing address, and shipping address. We do not store any payment card information.
• We may collect certain information from you when you apply for a job through Our Jobs page.
• For certain online, App, and in-store features, We may ask you to submit (or We may ask your permission to take) a photo, facial scan, or other image of you.
  • For example, when using the Virtual Try-On or Find Your Width features in our App, we use TrueDepth API technology with your camera to look at and measure multiple data points on your face. We use that information to place AR optical and sunglasses frames on your face in a realistic position and scale. We can also guide you to the best “width” frames based on your facial data points. We do not store any of these scans or measurements and we only collect and use that data while you are using the Virtual Try-On feature. We do not share these scans or measurements with any third parties.
  • When using the Digital PD tool, we use your camera and face mesh and depth map data from the TrueDepth API technology to measure your facial features, including your pupillary distance (PD). Your PD is a needed measurement for your glasses prescription. Once we have a measurement, you can choose if you would like to update and store this measurement with your Storyhenge glasses prescription details. If you choose to add this data to your prescription, the PD measurement is added to your Storyhenge glasses prescription details and may be shared with third parties as a part of your prescription in accordance with this Privacy Policy. If you choose not to add this data to your existing Storyhenge prescription, we do not store or share this data with any third parties.
• When you use Virtual Vision Test, you disclose certain information about yourself by (1) answering a series of questions to determine whether you are eligible to participate in Virtual Vision Test (the "Eligibility Questionnaire"), (2) performing a series of tasks to help licensed optometrists or ophthalmologists (each an "Eye Doctor") determine whether to issue you a renewed prescription (the "Vision Test"), (3) recording your audio responses to the Vision Test tasks, and (4) communicating with Storyhenge or our Eye Doctors in connection with your use of Virtual Vision Test. The In-Store Prescription Check Vision Test includes an acuity test and measurement of your refractive error using a handheld device, and the results of both will be provided to Us.
  • "Health Information" is information that relates to your past and present health or vision conditions (including medications, ailments, and prescriptions) that is derived from your use of Virtual Vision Test or MyVisionDirectory. Some Health Information may be subject to laws and regulations, including HIPAA. You represent that any Health Information that you disclose to us is your Health Information that you are authorized to disclose to us. "Personal Information" is information about you, including your first name, last name, and demographic information, derived from your use of Virtual Vision Test or MyVisionDirectory. Your Storyhenge account may contain Personal Information and Health Information, and we will access such information when you use Virtual Vision Test. Additionally, in order to facilitate your use of Virtual Vision Test and to help an Eye Doctor determine your need for an eyewear prescription, we may collect the following information when you use Virtual Vision Test:
    • your name, age, email address, username, or other Personal Information or Health Information contained in your Storyhenge account
    • answers and written information that you submit during the Eligibility Questionnaire
    • your answers to, performance of, and actions taken during the Vision Test timestamps of all actions that you take within the Virtual Vision Test App
    • Health Information prepared by an Eye Doctor who provides you Services, such as medical records, prescriptions, treatment decisions, medical advice, examination notes, and any other information prepared by an Eye Doctor about your health or vision
    • billing information that you provide Us, such as credit card information
    • any other information that you submit to Us in connection with your Eligibility Questionnaire, Vision Test, Virtual Vision Test, or the Services, including information exchanged in emails, texts, chats, or calls between you and Storyhenge.
• When you contact Us, We do everything possible to make sure you have an exceptional shopping experience. If you contact Us in person, by phone (calling or texting), email, instant message (including Facebook Messenger), live chat, through social media or Our App, or by some other means, We may keep a record of your contact information and the content of the communication for later reference. When We send you emails, We may track whether you open them to learn how to deliver a better customer experience and improve Our Services. We receive responses to any survey that you choose to complete for Us.

Information We collect from third parties. Third parties, including your Eye Doctor, may share your information with Us in order for Us to provide Services or complete your purchase. For example:

• Some parts of Our Services can be linked to other accounts you have with Third Party Services, such as your social media or Google account (“Third Party Accounts”), or you may be able to register for an account on Our Services with your Third Party Account. If you connect a Third Party Account to Our Services or interact with Us through a Third Party Account, We may receive information about you, including your Third Party Account profile information and your photo, and your use of the Third Party Account (for example, if you select a Storyhenge product to purchase through the account). If you mention Us through your Third Party Account, We may collect publicly available information and content related to your comment.
• We may collect information about you from other third parties, including demographic information. We may combine information collected from other third parties with other information We collect about you.

Information We automatically collect. We record certain information and store it in log files when you interact with Our Services. This information may include device information, browser history, internet protocol (IP) address, URLs of referring/exit pages, and search terms. For example:

• We may collect information from your mobile device(s).
  • In-store Wi-Fi. When you connect to Our in-store Wi-Fi from your mobile device, We receive information about you and your device, including your device’s MAC address, IP address, received signal strength indicator (RSSI), and technical details about your device such as its operating system, device type (including make and model), and technical capabilities. We will also receive information about how you use Our Wi-Fi network while you are connected, including the store location, the areas of the store you visit, the names and/or Internet addresses of the websites you visit and the applications you use, and how long you interact with such sites or applications. If your mobile device is configured to search for available Wi-Fi networks, We may receive information about your device even if you choose not to connect to Our Wi-Fi services.
  • Our Storyhenge App. When you download and use Our Storyhenge App, We receive information from your mobile device, such as IP address, device information, and unique device identifiers. We may also receive information about your precise location from your device, but only if you enable location tracking on your device.
  • Virtual Vision Test App. When you use the Virtual Vision Test App, We may collect information about your mobile device, such as IP address, device information, and unique device identifiers, and We may derive your approximate location from your IP address. When you permit the Virtual Vision Test App to access your location through your mobile device settings, We may collect the precise location of your device when the Virtual Vision Test App is running in the foreground or background. Your location information is necessary to confirm your location while using the Virtual Vision Test App, so We can be sure that your results are reviewed by an Eye Doctor licensed in your state.
• Like most websites, Our Services may incorporate technology such as “pixel tags”, “web beacons”, and “cookies” that allow Us and Our service providers to collect information about your actions on Our Services. Our service providers may collect information about your online activities over time and across different online services. Cookies (not to be confused with the sugary morsels) are small files that web servers may place on your computer when you visit a website.
• We may also collect information when you are visiting Our stores. Like most retailers, We have in-store video surveillance for security, fraud, and loss prevention purposes. In addition, We analyze videos to help Us understand customer behavior and retail traffic within Our physical spaces.

2. How We Use Your Information

We may use information We collect to operate Our business, including:

• For Our everyday business purposes, such as providing Services and products, providing information you request and providing customer support
• To communicate with Affiliates
• To offer administrative, management, and other business services to Our commercial customers, such as Affiliates and some Independent Practices, including to confirm, reschedule, or provide other services related to your eye exam
• To provide, personalize, and improve Our products and Our Services
• To conduct internal research
• To facilitate the sale and delivery of your purchases and Home Try-On
• To communicate with you, including via telephone, text, chat, or email in order, for example, to respond to your comments or questions and to send you updates about your order
• To deliver content and marketing communications that We think may interest you, including ads or offers tailored to you based upon your browsing and usage history, both within these Services and on other websites and mobile applications
• To understand your use of Our Services to help Us improve the customer experience
• To provide you information, recommendations, and marketing materials about Our products and Services
• To measure your pupillary distance and segment height for your prescription
• To map your facial features in order to provide products and recommendations, including to facilitate a Virtual Try-On with augmented reality
• To deliver gift cards in accordance with your instructions
• If you apply for a job, to determine your eligibility for a position with us
• To comply with the law, regulations, and other legal obligations
• To properly verify your identity, prevent fraud and enhance security
• To audit and provide reporting relating to particular transactions and interactions, including online interactions you may have with Us or others on Our behalf
• To allow you to utilize features and personalized content within Our Services when you grant Us access to information from your device, including location-based services
• For short-term, transient use including contextual customization of ads
• To protect Our rights and the rights of others
• For other purposes, as permitted by law or to which you consent

3. How Long We Keep Your Information

We will retain your Personal Information only for as long as we reasonably consider it necessary for achieving the purposes set out in this Privacy Policy, or for as long as we are legally required to retain it.

4. How We Share Your Information

If We share your information, We do so to support Our business, including with:

Affiliates and Service Providers. We’ve figured out ways to do a lot of things on Our own, but We haven’t quite figured out how to do all of it. We may share information with Our corporate entities and affiliates, service providers, data processors, third party contractors, payment processors, others who perform services for Us, such as:

• order fulfillment
• delivery services
• payment processing
• vision insurance claim processing
• account registration
• website-related services, such as web hosting
• improvement of website-related services and features
• maintenance services
• marketing services
• data analytics

Other Entities. We may share information as part of a merger, acquisition, or other sale or transfer of all or part of Our assets or business or with other entities as you have authorized or requested.

With Marketing, Analytics, and Advertising Partners. Some of Our third-party advertising partners use cookies and other technologies to collect information about your online activities on Our Services and across other online services in order to deliver more relevant advertising when you are using the Services or other websites. Our service providers may also collect information about your mobile device from other tracking technologies while you are near or in Our stores to help Us better understand Our customers and how they use Our Services. These services may include Google Analytics and Adjust Technology.

With Your Eye Doctor and Dispensing Optician. We may share your information with your Eye Doctor so that they may provide you services, to confirm the prescription information you provide us, or if you’ve asked Us to obtain your prescription information from your Eye Doctor. At your request, We may also share your information with a dispensing optician.

With Your Vision Insurance Carrier. We may share your information with your vision insurance carrier so they can process your claim and so that We receive payment.

Social Media. We may include widgets, toolbars, or icons from social media providers on Our Services that allow you to interact or share information with them, and these social media networks may collect information about your browsing on the pages of Our Services. Such collection may occur where the widgets, toolbars, or icons are visible, even when you do not click on or otherwise activate the widgets, toolbars, or icons. The privacy policy of the relevant social media network controls the collection, use, and disclosure of all information collected by that social media network.

To Protect Us and Others. We reserve the right to access, read, preserve, and disclose any information that We reasonably believe is necessary to comply with any applicable law, court order, subpoena, legal process, or enforceable governmental request; cooperate with law enforcement; enforce or apply this Privacy Policy, Our Terms of Use, and other agreements; detect, prevent, or otherwise address fraud, security or technical issues; or protect the rights, property, or safety of Storyhenge, Our employees, Our users, or others.

The third parties that receive your information are required to treat your Personal Information in accordance with appropriate contractual and legal privacy and security requirements and laws to ensure they provide adequate protection over your information. For example, where applicable, Storyhenge has contractual agreements in place, such as with its service providers, to ensure that they provide the same or equal protection of your information as stated here.

5. Your Choices

Access and Correction of Personal Information Through your account settings, you can access, view, and edit any of the following personal information:

• name
• password
• mailing address
• billing address
• email address
• phone number

The information you can view and edit may change as Our Services change.

Deletion of Personal Information/Account You can request deletion of your personal information/account (e.g., name, password, mailing address, billing address, email address, and phone number) by filling out the request form located here. You can also request deletion of your personal information/account within our Apps by clicking on “Delete Account” in your App account settings and following the instructions to complete your request. After completing the steps to request deletion of your account, we will contact you within 45 days to ask that you confirm your decision to delete your personal information/account. Once your personal information/account is deleted, you will no longer be able to access your account.

We may retain certain of your personal information, like order history and prescriptions in our systems for certain legal, security, and business records. In addition, any Protected Health Information will continue to be governed by our Notice of Privacy Practices.

Opt-Out Options If you decide you don’t want to receive marketing emails from us, you can opt out of marketing emails in your account settings, click the “Unsubscribe” link in Our emails, or email Us at youthdrum@storyhenge.com. Opting out or unsubscribing will not prevent you from receiving emails about orders or other transactions you make through Our Services or emails in response to a specific request from you, such as password recovery. If you decide you don’t want to receive text messages from us, you can opt out in your account settings.

If you would like to opt out of the use of your mobile app activity for targeted advertising purposes, you may do so by visiting your device’s privacy settings (“Limit Ad Tracking” on iOS devices). If you wish not to share information with Us from your mobile device, such as geolocation and your unique device identifier, you may turn off location tracking at any time in your app settings or disable Bluetooth on your device. If you wish to stop receiving push notifications from Us on your mobile device, you can update your device settings.

If you wish to limit the information available to Us through your Third Party Accounts, such as Google or social media, you should visit the privacy settings of your Third Party Accounts to learn about your options.

You can learn about how to opt out of receiving personalized website advertisements from Our advertising partners who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out sections on the websites of each of those organizations. Links to those sites are below. Note that because your election to opt out is managed through cookies, if you delete these cookies or use a different browser, you will have to make the same selection again.

• Network Advertising Initiative
• Digital Advertising Alliance

If you want Us not to collect cookies, you may be able to set your web browser to reject cookies entirely or require that it request permission from you before accepting each new cookie. You can also delete cookies from your web browser once you leave a website.

If you do not want Google Analytics to collect and use information about your use of Our Services, then you can install an opt-out in your web browser. You also may opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings located at https://www.google.com/settings/ads.

If you do not want Adjust Technology to collect and use information about your use of Our Services, you can opt out at https://www.adjust.com/opt-out/. As of the effective date above, We do not respond to Do Not Track signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites.

If you choose to limit collection of your information in these ways, certain Service features may not function properly, or at all, and certain Services may not be available to you.

6. Security

We take the protection of your information very seriously. We take many security measures (physical, electronic, and procedural) to help keep your information safe. Unfortunately, We cannot guarantee complete security of any information.

7. Children’s Information

We are especially sensitive about children’s information. We do not knowingly collect information from individuals under the age of 18. If you are a parent or legal guardian of a minor, you may use Our Services on behalf of such minor child. If you have questions concerning Our information practices with respect to children, or if you believe a child under the age of 18 has provided Us with personal information, please email Us at youthdrum@storyhenge.com.

8. California Privacy Rights

If you are a California resident, please review these additional privacy disclosures, which provide a summary of how We collect, use, disclose, and sell personal information about you and explain your rights under the California Consumer Privacy Act (“CCPA”).

Categories of Personal Information We Collect, Use, and Disclose for Business Purposes. We may collect the following categories of personal information, as described in greater detail in What Information Storyhenge Collects:

• Identifiers, such as name, email address, mailing address, phone number, or IP address
• Commercial information, such as records of purchases and payment information
• Health information, such as prescriptions and eye exam notes
• Internet or other electronic network activity information, such as log data, and information about the devices and computers you use to access Our Services
• Geolocation data, such as GPS signals, device sensors, and Wi-Fi access points, where you have allowed access to that information
• Electronic, visual, or similar information, such as photos
• Professional or employment-related information, if you apply to work for us
• Education information, if you apply to work for us
• Other information you provide, such as demographic information, responses to surveys or messages to customer service
• Inferences drawn from any of the above, including about the content or ads that may be of interest to you

Categories of Sources Used to Collect Personal Information. As a result of your use of the Services, We collect this information from you (such as when you register for an account or purchase products), from third parties, or automatically (such as from your devices).

For more information, please see What Information Storyhenge Collects. For more information on why we collect your Information see Section 2, “How We Use Your Information.”

Sale and Sharing of Personal Information

In the last 12 months, we have not knowingly sold any Personal Information of California Consumers, including no actual knowledge that we have sold the Personal Information of California Consumers under the age of 16 years old.

In the last 12 months, we have shared Personal Information of California Consumers, including the Personal Information of California Consumers under the age of 16 years old. The CCPA defines “sharing” as: Sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.

The categories of personal information shared (as defined by the CCPA) include:

• Identifiers, such as name, email address, mailing address, phone number, or IP address
• Internet or other electronic network activity information, such as log data, and information about the devices and computers you use to access Our Services
• Geolocation data, such as GPS signals, device sensors, and Wi-Fi access points, where you have allowed access to that information

This personal information has been shared (as defined by the CCPA) with the following categories of parties for the following purposes:

• With Marketing, Analytics, and Advertising Partners. Some of Our third-party advertising partners use cookies and other technologies to collect information about your online activities on Our Services and across other online services in order to deliver more relevant advertising when you are using the Services or other websites. Our service providers may also collect information about your mobile device from other tracking technologies while you are near or in Our stores to help Us better understand Our customers and how they use Our Services. These services may include Google Analytics and Adjust Technology.

Disclosure of Personal Information for a Business Purpose

The categories of Personal Information that Storyhenge may disclose can are listed above in Section 1, “What Information Storyhenge Collects.” For information on who this information is disclosed to and why please see Section 4, “How We Share Your Information” and Section 2, “How We Use Your Information.”

Sensitive Personal Information

The CCPA provides you additional rights with respect to sensitive personal information (which includes, social security, driver’s license, state identification card, or passport number, account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation, racial or ethnic origin, religious or philosophical beliefs, or union membership, genetic data, biometric data, personal information collected and analyzed concerning a consumer’s health, and personal information collected and analyzed concerning a consumer’s sex life or sexual orientation).

We do not use sensitive personal information for purposes of inferring characteristics about a consumer.

Your Rights. Under the CCPA, California residents have certain rights related to their personal information.

The Right to Know. You may request that We disclose to you the categories of personal information We have collected, used, disclosed, or “sold” within the meaning of the CCPA, including:

• Specific pieces of information that We have collected about you
• Categories of personal information We have collected about you
• Categories of sources from which the personal information is collected
• Categories of personal information about you that We have sold, shared, or disclosed for a business purpose
• Categories of third parties to whom the personal information was sold, shared or disclosed for a business purpose
• The business or commercial purpose for collecting, selling, or sharing personal information (collectively, the “Right to Know”)

The Right to Delete. You have the right to request that We delete personal information about you that We have collected from you (the “Right to Delete”).

The Right to Correct. You have the right to request that we correct any incorrect personal information that we collect or retain about you, subject to certain exceptions.

Exercising Your Rights. To exercise your Right to Know, Right to Delete, or Right to Correct:

• Email: youthdrum@storyhenge.com

Right to Opt Out. You have the right to direct Us to not sell or share your personal information at any time (the “Right to Opt Out”). To exercise your right to opt out:

• Email: youthdrum@storyhenge.com

Verification. In order to exercise these rights, you will need to verify your identity to protect your security and personal information, which may include providing certain information. Note that even if We honor your request to delete your information, We may retain certain information as required or permitted by law.

Authorized Agent. You may elect to have an agent exercise your rights for you. Even if you choose to use an agent, We may, as permitted by law, require:

• The authorized agent to provide proof that the consumer gave the authorized agent signed permission to submit the request;
• The consumer to verify their identity directly with the business;
• The consumer to directly confirm with Us that they provided the authorized agent permission to submit the request.

Non-Discrimination. We may not discriminate against you because of your exercise of any of your privacy rights, or any other rights under the CCPA, including by:

• Denying you goods or services
• Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties
• Providing you a different level or quality of goods or services
• Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services

We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to Storyhenge by your personal information.

Shine the Light. If you’re a resident of California, you can request a notice identifying the categories of personal information, as defined by California Civil Code Section 1798.83, we share with our affiliates and/or third parties for their direct marketing purposes and the contact information for such affiliates and/or third parties. Please submit a written request to youthdrum@storyhenge.com.

9. Contact Us

If you have any questions about viewing or updating your information, this Privacy Policy, or our privacy practices, please contact us at youthdrum@storyhenge.com.

 

Terms of Use

Effective Date: May 8, 2023

Hello, and thanks for visiting! Storyhenge Inc., which does business as Storyhenge, operates and provides online services and programs through www.olabyalo.com (the “Site”), the Storyhenge mobile app (the “App”), and our retail locations. We’ll go by “Storyhenge”, “we”, or “us” to keep it simple. We know these types of documents can get pretty dense, but we want you to read this, so we’ll do our best to keep it easy to read. We will also refer to the Site, the App, My Vision Directory, our retail locations, and the services available through them as the “Services.” These Terms of Use do not apply to your use of our Virtual Vision Test mobile application or our In-Store Prescription Check service. You can find the Terms of Use that apply to Prescription Check here. These Terms of Use also do not apply to professional optometry or medical services furnished by our employed, affiliated, or independent optometrists or ophthalmologists (“Eye Doctors”), which may have their own separate terms and conditions.

Before using any of the Services, please read these Terms of Use (these “Terms”), our Privacy Policy, and any other policies and notices on the Site, on the App, or as otherwise made available to you by Us. Collectively, these materials contain terms, rules, and other guidelines related to your use of the Services. As a condition to your access to or use of the Services, you consent to be bound by these Terms, so please do not use the Services if you do not agree with all of these Terms. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, those additional terms will also apply. Your use of the Services, and our provision of the Services to you, constitutes an agreement between you and Storyhenge to be bound by each of the terms, guidelines, and rules incorporated into these Terms. Because these Terms are legally binding, we want to make sure you understand them (like really understand them), so if you have any questions, contact Us at youthdrum@storyhenge.com

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND STORYHENGE RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL 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, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 18 (“DISPUTE RESOLUTION AND ARBITRATION”) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH STORYHENGE.

1. We Reserve the Right to Update and Revise These Terms of Use at Any Time

Things happen quickly, both inside and outside of Storyhenge, so We will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time upon seven days’ notice. We’ll provide notice by reasonable means, including by posting the updated Terms and by changing the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because seven days after we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

2. Eligibility

The Site is a general audience site available to users who can form legally binding agreements under applicable law and is not intended for use by anyone under the age of 13. Only individuals who are at least 18 years old and can form legally binding contracts may use the Services. However, even non-adults deserve fantastic eyewear. You can use the Services if you are under 18, but only if you are at least 13 years old and only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be the user and is responsible for any and all activity. If you are younger than 13 years old, you may not use the Services (although your parents or legal guardian can still buy glasses for you).

Your use of the Services means you represent and warrant that you meet all eligibility requirements We outline in these Terms. However, we may refuse to let certain people access or use the Services. We may also change our eligibility criteria.

We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).

The Site, App, and Services available through them are intended for use within the United States. Access to the Site, App, and Services may therefore not be appropriate or available in certain countries outside the United States. If you access the Site or App or any Services from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of your territory of access (note We have different Terms of Use and a Privacy Policy for our Canadian customers).

3. Privacy

Our Privacy Policy details how We collect and use your information. Please review it if you would like to know more about how We collect and use your information.

4. Your Account

You may be able to navigate some of the Services without creating a user account (” Account”); but certain Services (like making a purchase or ordering a Home Try-On) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal device in connection with the Services. Similarly, for any Services that you are able to access without creating an Account, you are solely responsible for any activity that occurs through your personal device in connection with the Services. In order for Us to provide you the best possible service, you agree to provide Us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which We will not be responsible.

You can share a good book, a nice walk, or even a pair of (non-prescription) glasses. You should not, however, share your Account information. And you shouldn’t use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.

For a description of how We handle your personal information, and how to delete information from your Account, please review our Privacy Policy and our Notice of Privacy Practices.

5. Our Relationship with Eye Doctors

Depending on the location, Storyhenge may provide certain administrative and management services to affiliated eye practices (“Affiliates”), and also may have relationships with independent eye practices (“Independent Practices”). Although these Affiliates and Independent Practices are separate corporations from Storyhenge, we may work together in some ways. To the extent Storyhenge provides Services related to these Affiliates or Independent Practices, such as appointment scheduling and reminders, these Terms apply to your use of such Services. However, these Terms expressly do not apply to professional optometry or medical services furnished by Affiliates or Independent Practices (or by Eye Doctors employed by Storyhenge).

6. Home Try-On

Storyhenge offers a free, five-day Home Try-On program to help you pick your perfect frames. You may choose five frames (which are sent with non-prescription lenses) to try on at home for a five-day period (the “Try-On Period”). For more information about our Home Try-On program, click here or visit the Home Try-On section of our Help page. If the Try-On Period ends and any of the frames have not been placed in the mail, or the frames are returned damaged, We may charge your credit card for the full amount of each pair of frames that are missing or damaged, as explained in more detail on our Help page. By submitting your Home Try-On order, you authorize Storyhenge to charge your card, and you agree to all other terms of our Home Try-On program explained on our Help page. Currently, our Home Try-On program is only available to customers who live in the 50 United States.

7. Getting Your Storyhenge Eyewear

a. Selecting Your Frames. Storyhenge sells eyeglasses and sunglasses with either prescription or non-prescription lenses. To learn more about the lenses We offer, you can visit the Lenses section of our Help page. If you wish to purchase multiple frames using different prescriptions (for example, your distance prescription and your reading prescription), you will have to place those orders separately. To order frames, select your desired frame and click the “Add to Cart” button to add it to your order. When you check out, you will have the option of choosing between prescription and non-prescription lenses.

b. Your Prescription. If you are purchasing prescription eyewear, check out the Prescriptions section of our Help page for the information We need to fill your prescription and to learn how to provide your prescription information to Us. If your prescription information is incomplete, we may need to take additional measures to track down current information, which could mean you have to wait longer for your glasses.

We keep your prescription on file for some time after you order your glasses, and We make that information available to you upon request. We will respond to your request as quickly as possible, but be aware that it could take Us a day or two to retrieve older prescriptions. Please keep that in mind if you need your information by a certain day or time. By requesting a copy of your prescription via email, you consent to Storyhenge or an Affiliate or Independent Practice sending your prescription over unencrypted email. If you’d like more information about the security of unencrypted emails, you can jump to Section 8 of these Terms.

c. Delivery Information. We’ll need your name, address, and telephone number to complete your order and send you your Storyhenge purchase. For information about shipping and delivery, check out the Orders section of our Help page.

d. Payment Information. After you have made your eyewear selections and provided your prescription and shipping information, you will see a prompt for your payment details, such as your payment card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize Us (through our third-party payment processors) to charge the amount of the order to your selected payment method. Additionally, your entry of your payment information and order submission constitutes your express informed consent that the total purchase price for a custom order shall be charged to your payment method on the later of the date of order or on the date that we receive your prescription, whichever is applicable, and your refund/cancellation rights shall accrue from the date we process your order. You will generally receive your order within thirty (30) days. However, there is a potential that your product is backordered. Your submission of an order constitutes your express informed consent that, in the event your product is backordered, your product will be shipped within sixty (60) days from the date of order. If the backordered product will not be shipped to you in the foregoing sixty (60) days, we will notify you and unless you tell us otherwise, we will cancel your order and refund your payment method.

e. Checking Order Status. We know how exciting it can be to get a delivery, so once your eyewear is on its way to you, We’ll send you an email confirmation with tracking information. Feel free to email us at youthdrum@storyhenge.com, or contact Us if you would like to check the status of your order, or if you just want to chat about how excited you are about your new glasses. If you contact Us by social media to check the status of your order, please do not include any of your personal or health information.

f. Changing or Cancelling an Order. Our team works hard to process orders quickly so that you don’t have to wait. However, this means that although We will try our best to accommodate order modifications, We cannot guarantee them. To learn how to change or cancel an order, visit the Orders section of our Help page.

g. Risk of Loss. The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).

h. Returns, Exchanges, and Lens Replacements. For more information about returns and exchanges and replacing your lenses, check out the Orders section of our Help page.

i. Insurance. For information on how to apply your insurance to your purchase, click here.

j. Purchase Limits. We want to give all of our customers an opportunity to buy our glasses. Therefore, we do not authorize the purchase of commercial quantities of glasses, and We may place limits on purchases. We may also, among other things, restrict orders placed by or under the same customer account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate this policy or any other part of our Terms. For more information about placing special orders, check out the Orders section of our Help page.

k. Language. Presently, our order process only supports the English language.

l. Product, Service, and Technical Information on the Site; Product Availability. We provide products and services for purchase. We have made a conscientious effort to display and describe the products, services and related specifications available on the Site accurately based on information We receive. We do not guarantee that the product images, services or specifications displayed on the Site are or will remain accurate. The display of a product or service on the Site does not mean the product or service is or will be available. We do not guarantee the availability of any items for purchase and We may revise and discontinue the availability of any items at any time. In the event an item is not available at the time you place your order, it is our policy to send you a notice via your email address on record, that such item is not available.

8. Communicating with Storyhenge

a. Text Messages. By opting-in to receive text messages from Us or by sending us an initial text message, you agree to receive text messages (a.k.a. SMS messages) from Storyhenge (including text messages sent on behalf of our Affiliates and Independent Practices), some of which may be considered marketing under certain laws and may be sent using an autodialed. If you provided your phone number to Us in the course of seeking, receiving, or paying for HIPAA-covered health care services (e.g., making an appointment or filling an optical prescription), then We will not use that phone number to send you text messages for marketing, as defined by HIPAA, without your express authorization or unless as otherwise permitted by HIPAA or other applicable law. You also represent that you are the owner or authorized user of the mobile device you use to subscribe for the mobile service and that you are authorized to approve the applicable charges. You’ll be responsible for all messaging and data charges that may apply. You can opt-out of receiving text messages from Us at any time by texting “STOP” from the mobile device receiving the messages. And don’t worry - you can make a purchase without agreeing to receive texts from Us, and there are many other ways you can communicate with our friendly team, like phone, live chat, email, snail mail, and Morse code :-)

b. Security. We take your privacy very seriously, but the transmission of data over the Internet and mobile networks isn’t 100% secure. Text messages and emails you send to or receive from Storyhenge are not encrypted, which means that they’re vulnerable to interception by third parties. If you choose to send or receive financial information, information about your health (including your prescription information), your insurance identification number, or any other sensitive information by text or email, you do so at your own risk. By texting Us or requesting that We text you, you consent to receiving unencrypted text messages from Storyhenge. Likewise, by emailing Us or requesting that We email you, you consent to receiving unencrypted emails messages from Us. Worried about texting or sending anything sensitive? Just email Us youthdrum@storyhenge.com

9. Intellectual Property

Imitation may be the sincerest form of flattery, but that doesn’t mean you can take any of our intellectual property. All of the content that appears on the Services, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Storyhenge or our licensors and is protected by United States and international copyright laws. Certain activities provided via the App may be licensed under U.S. Patent 6,624,843. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site, the App, and the Services (collectively the “Marks”) are proprietary to Storyhenge, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from Us. You may not remove or otherwise modify any legal or trademark notices from any content We make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

If you would like to request authorization to use the materials or content on the Services, please contact Us at youthdrum@storyhenge.com.

10. Right to Use the Services

After all of the restrictions above, we don’t want it to sound like you can’t even use the Services, so We’ll give you permission right here: subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Services solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Services as We provide them, in the manner We permit through these Terms. We don’t think you would need to do much else.

Subject to your complete and ongoing compliance with these Terms, you also have the right to use one copy of the App downloaded directly from Storyhenge or from a legitimate marketplace (such as Apple’s iTunes store), solely in object code format, for your personal, non-commercial use on a single compatible mobile device that you own or control, for the purpose of accessing and using the Services in accordance with these Terms. The term App, as used in these Terms, includes any update or modification to the App that We make available to you (unless We provide you with separate terms when making the update or modification available).

If you are prohibited under applicable law from using the App or the Services, you may not use them.

11. Restrictions on Your Use of the Services

Just so We’re clear, however, these rights do not allow you to do any of the following:

• interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services
• take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure
• resell or make any commercial use of the Services or any of the Service content.
• modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser
• copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including any Marks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise
• use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services
• harvest or scrape any content from the Services, or use other automated or manual means to take our content without our prior consent
• bypass, circumvent, or attempt to bypass or circumvent any feature of the Services or any measures We may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services
• run any form of auto-responder or “spam” on the Services
• otherwise take any action in violation of these Terms or our Privacy Policy

12. Content

a. User Content

We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with Us or other users. We hope you will use these tools to meet the rest of our community and give Us your feedback. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections, or similar communications facilities.

“User Content” is any public communications or any other material you submit, distribute, transmit, or post to Storyhenge (through the Services; through our pages on third-party sites, such as Instagram, Twitter and Facebook; or through activities in our stores). You will keep all ownership of and license rights in your User Content although, by providing content to Us, you may grant Us a license to use it, as We’ll discuss here.

When you submit, distribute, transmit, or post User Content, you give Us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Storyhenge to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free, and will survive termination of your Account. Please note that We may use User Content without compensation of any kind to you, including if We use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, We can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. Be assured you have our thanks. Lots of it.

In addition to giving Storyhenge a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.

The bottom line is that if you share something with Us, you keep ownership of it and can continue to do anything you want with it, but you allow Us and our other users to use your User Content as We see fit. If you don’t agree to these conditions, then please don’t provide the materials to Us.

b. Representations About Your User Content

We need you to promise Us certain things about your submissions so that you don’t get Us into trouble. (We really appreciate it.) When you submit User Content, you represent and warrant (archaic lawyer words for “pinky promise”) that:

• you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to Us)
• your submission of such materials to Storyhenge does not and, when used by Storyhenge as authorized under these Terms, will not violate or infringe the rights of any third-parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission)
• all User Content you provide is accurate, complete, up-to-date, and not misleading (you’re not lying)

In addition, any User Content must not:

• include any profanity or obscene, indecent, or pornographic material
• contain any unauthorized or unsolicited advertising, such as spam (no one likes spam)
• contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party
• impersonate any person or entity (We like you just the way you are!)
• include anyone’s identification documents or sensitive financial information

c. Communications

Certain features on the Services include open channels of communication, either among our users or between our users and Us, and those features wouldn’t work if all communications were private. As a result, User Content that you provide to those features of the Services are not considered private or confidential. When in doubt, it is best to take a look at our Privacy Policy, which details the types of information We collect from you and how We use that information. If you post something publicly on the Services, others may be able to read it. You should always use caution when providing any personal information about yourself or anyone else, including your children.

d. A Note About Third-Party Content and User Content

You may see a lot of content on the Services (especially with your new eyewear). Some of this content will come from other users or sources outside of Storyhenge. All content, including User Content and third-party content, is the responsibility of the party that creates it. Storyhenge does not control or endorse any User Content or third-party content, and We make no claims or representations regarding any content We do not create. We may provide links to third-party sites or resources, but these links do not mean We endorse or have any associations with the third parties. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that We are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk. Disrupting traditional models in the eyewear industry keeps Us pretty busy, but We still try to stay on top of things happening around the Services. We may review content on the Services, but We do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation to you.

We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. Storyhenge will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Storyhenge or another party provides it.

e. Site Content. Our content is for reference only and should not in any event be construed as medical advice or specific instructions for individual patients. The Services on the Site and any health-related information and resources are not intended and must not be taken as the rendering of medical, optometric, or professional health care advice or services, or the practice of medicine, optometry, or professional health care in any jurisdiction. Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle, and medication regimen. Your health care provider can best assess and address your individual health care needs. IF YOU ARE EXPERIENCING A MEDICAL CRISIS, URGENT EYE ISSUE, OR HEALTH CARE EMERGENCY, PLEASE CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE OR AN EYE DOCTOR IN YOUR AREA FOR AN IN-PERSON ASSESSMENT AS SOON AS POSSIBLE.

13. Copyright Policy

Just as We ask you to respect our intellectual property rights, we respect your rights and the rights of others, and We expect all our users to do the same. If We believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If We believe someone is repeatedly infringing, we will terminate that person’s access rights. If you believe someone has posted on the Services a work that you own without your authorization, let Us know. Please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact information is below):

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed
• identification of works or materials being infringed
• identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence
• your contact information, including address, telephone number and, if available, email address
• a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law
• a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner

Please contact the Designated Agent to receive notice of claimed infringement by emailing youthdrum@storyhenge.com.

14. WARRANTY DISCLAIMER

a. We like you and want you to be a longtime customer, but We have no special relationship with you. You understand and agree that We have no control over, and no duty to take any action regarding:

• which users access the Services
• what content you access via the Services
• what effects the content may have on you
• how you may interpret or use the content
• what actions you may take as a result of your exposure to the content

b. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

(Sorry about this, but the below gets a little dense. All-caps doesn’t mean We’re yelling; our lawyers told Us to do it.)

c. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STORYHENGE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY STORYHENGE OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, STORYHENGE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. Please note that some jurisdictions may not allow the exclusions of implied warranties, so some of the above exclusions may not apply to you.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STORYHENGE OR ANYONE REPRESENTING STORYHENGE BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR STORYHENGE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STORYHENGE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Termination

We really hope We won’t ever have to do this, but We reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.

17. Governing Law

No matter where you’re located, the laws of the State of New York will govern these Terms and the relationship between you and Storyhenge as if you signed or otherwise agreed to these Terms in New York, without regard to New York’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of these Terms.

18. Dispute Resolution and Arbitration

a. Generally. In the interest of resolving disputes between you and Storyhenge in the most expedient and cost effective manner, you and Storyhenge agree that every dispute arising out of or in connection with these Terms or your use of the Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND STORYHENGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

b. Exceptions. Despite the provisions of Section 18(a) nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim. Additionally, these Terms and this Section 18 do not apply to any professional services furnished by Eye Doctors.

c. Arbitrator. Any arbitration between you and Storyhenge will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Storyhenge. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Storyhenge's address for Notice is: Storyhenge, Inc., 3F, 3, Jahamun-ro 7-gil, Jongno-gu, Seoul, Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Storyhenge may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Storyhenge must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Storyhenge in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

 

e. Fees. If you commence arbitration in accordance with these Terms, We will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Storyhenge for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

f. No Class Actions. YOU AND STORYHENGE AGREE THAT EACH MAY BRING CLAIMS 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 Storyhenge agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

g. Modifications to this Arbitration Provision. If We make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending Us written notice to our address for Notice within 30 days of the change, in which case your account with Storyhenge will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

h. Enforceability. If Section 18(f) is found to be unenforceable or if the entirety of this Section 18(f) is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.

19. Severability

If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

20. Consent to Electronic Communications

By using the Services, you consent to receiving certain electronic communications from Us. You agree that any notices, agreements, disclosures, or other communications that We send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. If you want to change your communications preferences, please see the “Your Choices” section of the Privacy Policy.

21. Notice Regarding Apple

To the extent that you are using the App on an iOS device, you further acknowledge and agree to the terms of this Section 21. You acknowledge that these Terms are between you and Storyhenge only, not with Apple Inc. (“Apple”), and that Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you, and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Services and/or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

22. Entire Agreement

These Terms, our Privacy Policy, and our Notice of Privacy Practices constitute the entire agreement between you and Storyhenge and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the Services, which do not include professional services furnished by Eye Doctors or services provided at our retail locations. Any rights not expressly granted herein are reserved.

23. Miscellaneous

We take our commitment to customers seriously, and We’ll do what We can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including mechanical, electronic or communications failure or degradation, supplier shortages or service provider failures, acts of god, governmental actions, or delays, disruptions and shortages due to or as a result of public health emergencies, epidemic, pandemics (e.g., COVID-19), or similar events.

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

If We do not enforce any part of these Terms, it does not mean We give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.

You did it; you made it to the end! We know it wasn’t easy (or especially interesting). Thank you for reading.

How to Contact Us. For questions or concerns regarding the these Terms or the Services, please contact Us via email at youthdrum@storyhenge.com