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Terms of use

These Terms of Use govern your access to and use of the Modern Optical NY website. By clicking "I agree" when you create an account or submit a form, or by otherwise using this site, you accept these Terms. If you do not agree, please do not use the site.

Last Updated

Last updated: May 27, 2026

1. Acceptance of Terms

These Terms of Use ("Terms") are a binding agreement between you and Modern Optical NY ("we," "us," or "our"). You accept these Terms by (a) clicking a checkbox or button indicating agreement when you create an account or submit a form on this site, or (b) accessing or using any part of the website at modernopticalny.com and related pages. If you do not agree to these Terms, do not create an account, do not submit a form, and do not use the site.

2. Who We Are; Eligibility; Geographic Scope

Modern Optical NY operates an eye-care and eyewear practice located at 453 Kings Hwy, Brooklyn, NY 11223. This website is intended only for users physically located in the United States who are at least 13 years of age. If you are between 13 and 17, you may only use the site under the supervision of a parent or legal guardian who agrees to these Terms on your behalf. We do not market, sell, or ship our products or services to individuals outside the United States.

3. Not Medical Advice

Content on this website is for general information only. It is not a substitute for professional eye care, diagnosis, or treatment. Always seek the advice of a qualified optometrist or physician with questions about your health, and never disregard professional advice or delay care because of something you read on this site.

If you think you may have a medical emergency, call 911 or go to the nearest emergency department immediately.

4. Appointments and Online Requests

Submitting a form or request through this website does not guarantee an appointment until confirmed by our staff. We reserve the right to reschedule, decline, or cancel requests based on availability, clinical appropriateness, or incomplete information. Do not transmit detailed protected health information (PHI) through general website forms; see our Notice of Privacy Practices for details.

5. User Accounts

If you create an account on this site, you agree that:

  • Accurate information. You will provide accurate, current, and complete information at registration and keep it up to date.
  • One account per person. Accounts are personal to you and may not be shared, sold, or transferred.
  • Password and access security. You are responsible for safeguarding your password and for all activity that occurs under your account. Use a strong, unique password and do not disclose it to anyone. Notify us immediately at info@modernopticalny.com if you suspect unauthorized access.
  • Age. You must be at least 13 years old to register. Users under 18 must have parental consent.
  • Termination by you. You may close your account at any time by emailing us at info@modernopticalny.com.
  • Termination or suspension by us. We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, used the site fraudulently, or otherwise misused our services. We may also discontinue accounts that are inactive for an extended period.
  • Effect of termination. When an account is closed, your ability to access account features ends. Personal information associated with the account is handled in accordance with our Privacy Policy, including our data-retention schedule. Some information may be retained as required by law (for example, healthcare recordkeeping obligations).

6. No User-Posted Content

This website does not host public posts, comments, forums, or other user-generated content. Messages you send to us through a "Contact Us" form, an appointment request, or by email are treated as private correspondence between you and Modern Optical NY, not as public content. Do not submit material you would not want shared internally with our team for the purpose of responding to you.

7. Testimonials and Reviews

Reviews or testimonials displayed on this website are real customer feedback that we have manually transferred from publicly-available sources, such as Google Reviews. We may:

  • Display reviews using first name and last initial only;
  • Lightly edit reviews for length, spelling, or clarity, without changing their meaning;
  • Choose which reviews to feature.

If you are the author of a review displayed on this site and want it removed or edited, email info@modernopticalny.com and we will promptly remove it.

8. Permitted Use and Prohibited Conduct

You may use this site only for lawful, personal, non-commercial purposes. You agree not to:

  • Use the site in any way that violates applicable law or these Terms;
  • Attempt to gain unauthorized access to our systems, networks, accounts, or data, or to circumvent any security, authentication, or rate-limiting measure;
  • Reverse engineer, decompile, or disassemble any portion of the site;
  • Introduce malware, viruses, worms, trojans, or other harmful code;
  • Scrape, harvest, or extract data from the site using automated means (including bots, spiders, crawlers, or scripts), other than search-engine crawlers obeying robots.txt;
  • Interfere with, disrupt, or impose an unreasonable load on the site or its infrastructure;
  • Misrepresent your identity, affiliation, or eligibility, or impersonate any person or entity;
  • Frame, mirror, or create derivative works from the site, or display it within an iframe or similar container without our prior written permission;
  • Copy, reproduce, republish, sell, rent, or sublicense site content for commercial use without our prior written consent, except as expressly permitted by law.

9. Virtual Try-On and Similar Online Tools

The site may offer virtual try-on, frame-fitting, or similar online tools. These tools generate visual previews and approximate measurements based on photos or video you submit. Results are estimates only and are not a substitute for an in-office fitting, eye exam, or a current prescription from a licensed optometrist. Do not rely on these tools to make a final eyewear or vision-correction decision. Outputs may be inaccurate, and we are not liable for decisions you make based on them. Our handling of any biometric or biometric-derived information collected through these tools is described in our Privacy Policy.

10. Intellectual Property

All text, graphics, logos, icons, audio clips, video, software, layout, and other material on this site (the "Site Content") are owned by Modern Optical NY, our licensors, or their respective copyright holders, and are protected by copyright, trademark, trade dress, and other intellectual property laws. Some images used on this site are sourced from free stock photo providers and remain subject to their respective licenses. "Modern Optical NY" and our logos are our trademarks. Third-party brand names and logos shown on the site (for example, eyewear manufacturers) belong to their respective owners and are used solely for identification of products and services we offer.

Limited license to you. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site Content for personal, non-commercial purposes, subject to these Terms. This license does not transfer any ownership rights to you, does not include the right to download (other than browser caching), modify, or create derivative works, and may be revoked at any time.

11. Third-Party Links and Embedded Content

The site may link to, or embed content from, third-party websites and services (for example, map providers, video players, or financing partners). We do not control, endorse, or assume responsibility for the content, policies, or practices of any third party. Your interactions with third-party sites or services are governed by their terms and privacy policies, and your use of them is at your own risk.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL SITE CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MODERN OPTICAL NY AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR CLAIMS RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW, WHICHEVER IS GREATER.

Carve-outs. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, (c) gross negligence or willful misconduct, or (d) any other liability that may not lawfully be excluded or limited (including non-waivable rights under New York consumer-protection law). Some jurisdictions do not allow certain limitations on warranties or damages; in such jurisdictions, the foregoing limitations apply only to the extent permitted.

14. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Modern Optical NY and its officers, employees, contractors, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your violation of these Terms, (b) your misuse of the site, or (c) your violation of any law or the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

15. Governing Law, Venue, and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles. Exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms or the site lies in the state and federal courts located in New York County, New York, and you consent to personal jurisdiction in those courts.

Informal resolution first. Before filing a claim, you agree to first contact us at info@modernopticalny.com to attempt to resolve the dispute informally. We will have at least thirty (30) days from receipt of your notice to attempt resolution before either party may pursue formal action.

Time limit on claims. Any claim arising out of or related to these Terms or the site must be filed within one (1) year after the cause of action arises, or it is permanently barred, except where applicable law requires a longer period.

16. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page will change when we post a revised version. For material changes, we will provide reasonable advance notice where practical (for example, by posting a notice on the site or, for account holders, by email at least thirty (30) days before the change takes effect). Your continued use of the site or your account after the effective date of the changes constitutes acceptance of the revised Terms.

17. Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will continue in full force and effect. The invalidity of any one provision will not affect the validity of the rest of these Terms.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or notices posted on the site, constitute the entire agreement between you and Modern Optical NY concerning your use of the site, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us regarding the site.

19. Assignment

We may assign, transfer, or delegate these Terms or any of our rights or obligations under them, in whole or in part, at any time, without notice. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Any attempted assignment in violation of this section is void.

20. Waiver and Headings

Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision. Section headings are for convenience only and have no legal effect.

21. Privacy

Our collection and use of personal information through the site is described in our Privacy Policy. Health information practices in our office are described in our Notice of Privacy Practices.

22. Contact

Questions about these Terms or to submit a notice:

Modern Optical NY
453 Kings Hwy, Brooklyn, NY 11223
(718) 336-1060
info@modernopticalny.com